JOURNAL  OF  TH 
GENERAL  ASSEMBLY 

S  -OCT.,  1776 


THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


JOURNAL 


OF  THE 


General  Assembly 


OF 


SOUTH  CAROLINA 


September  17,  1776-October  20,  1776 


Edited   by 

A.  S.  SALLEY,  JR. 
Secretary  of  the  Historical  Commission  of  South  Carolina 


Printed  for 

THE  HISTORICAL  COMMISSION  OF  SOUTH  CAROLINA 

By  The  State  Company,  Columbia,  S.  C. 

1909 


S757J 


South  Carolina 

Tuesday  the  I7th  Day  of  September  1776 

The  General  Assembly  being  adjourned  to  the  First  Day  of  Octo- 
ber next  But  His  Excellency  the  President  and  Commander  in  Chief 
having  thought  fit  to  call  the  same  by  the  following  Proclamation 
viz: 

By  His  Excellency  John  Rutledge  Esquire  President 
and  Commander  in  Chief  of  South  Carolina 

A  Proclamation 

Whereas  it  appears  to  me  necessary  for  the  Public  Service  to  call 
the  General  Assembly  and  Legislative  Council  before  the  Time  to 
which  they  stand  adjourned  I  have  therefore  thought  fit  to  issue  this 
Proclamation  requiring  them  and  they  are  hereby  required  to  meet 
at  Charles-Town  on  Tuesday  the  Seventeenth  Day  of  September 
next  then  and  there  to  sit  for  the  Dispatch  of  divers  weighty  and 
important  affairs 

Given  under  my  Hand  and  the  Seal 
of  South-Carolina  at  Charles-Town 
this  1 2th  Day  of  August  Anno  Domo- 
ni  1776. 

John  Rutledge 

By  His  Excellency's  Command 
John  Huger  Secretary 

Thirty-eight  Members  met  on  this  Day  But  they  not  being  a  Suffi- 
cient Number  to  proceed  upon  Business. 

Mr  Speaker  adjourned  the  Meeting  of  the  House  till  To-morrow 
Morning  Nine  of  the  Clock 

Wednesday  the  i8th  Day  of  September  1776 

The  House  met  according  to  adjournment 

Mr.  Speaker  having  issued  Writs  dated  the  Ist.  Day  of  August  for 
electing  Members  of  this  House  to  fill  the  Seats  that  had  been 
vacated  by  Acceptance  of  Places  and  otherwise  the  following 
Returns  were  now  made  of  the  Election 

Of  Alexander  Moultrie,  Josiah  Smith  Junior,  George  Abbot 
Hall,  John  Ernest  Poyas,  Peter  Timothy,  John  Webb,  Thomas  Jones, 
Arthur  Middleton,  Edward  Rutledge,  Nicholas  Eveleigh,  and  Joshua 
Ward  Esquires,  for  the  Parishes  of  St  Philip  and  St  Michael 
Charles  Town. 


560127 


Of  Richard  Park  Stobo  Esquire  for  the  Parish  of  St  Andrew. 

Of  George  Livingston  Esquire  for  the  Parish  of  St  Paul. 

Of  Keating  Simons  Esquire  for  the  Parish  of  St  James  Goose- 
Creek. 

Of  Daniel  Ravenell  Esquire  for  the  Parish  of  St  John  in  Berkley 
County 

Of  John  Matthews  and  John  Waring  Esquires  for  the  Parish  of 
St  George-Dorchester. 

Of  Joshua  Toomer  and  Levi  Durand  Esquires  for  the  Parish  of 
Christ-Church. 

Of  Colonel  Willam  Moultrie  for  the  Parish  of  St  Helena. 

Of  the  Reverend  Robert  Smith  Thomas  Screven  and  Hopson 
Pinckney  Esquires  for  the  Parish  of  St  Thomas  &  St  Dennis. 

Of  Levi  Durand  Esquire  for  the  Parish  of  St  James  Santee. 

Of  John  Withers  Esquire  for  the  Parish  of  Prince  George 
Winyah. 

Of  Thomas  Sumpter  and  William  Richardson  Esquires  for  the 
District  to  the  Eastward  of  the  Wateree  River. 

The  following  Gentlemen  then  took  the  Oath  prescribed  by  the 
Constitution  and  their  Seats  as  Members  of  the  House  viz:  Joshua 
Ward,  George  Livingston,  John  Earnest  Poyas,  John  Withers, 
Thomas  Jones,  Nicholas  Eveleigh,  Josiah  Smith  Junior,  Arnoldus 
Vanderhorst,  Elias  Ball  Junior,  Benjamin  Waring,  William  Bris- 
bane, Ralph  Izard,  George  King,  George  Robinson  John  Collins 
George  Abbot  Hall  John  Webb  and  John  Matthews  Esquires. 

Levi  Durand  Esquire  returned  duly  elected  in  Two  Parishes 
Christ  Church  and  St  James  Santee  made  his  Election  for  the 
former  then  took  the  Oath  prescribed  by  the  Constitution  and  his 
Seat  as  a  Member. 

Mr  Speaker  Acquainted  the  House  that  he  had  received  a  Letter 
from  Peter  Timothy  requesting  Leave  to  resign  the  Place  of  Clerk 
to  this  House  which  Letter  Mr  Speaker  read  to  the  House  in  the 
words  following, 

Honourable  Sir, 

As  I  engaged,  and  took  an  active  Part,  in  the  present  struggle 
of  America  to  preserve  its  Rights,  from  Principle,  and  even  without 
a  distant  View  to  advance  my  private  Interest ;  so  I  accepted  the 
unsolicited  and  unexpected  Honour  conferred  upon  me,  by  the 
unanimous  Voice  of  the  present  General  Assembly,  in  their  appoint- 
ment of  me  for  their  Clerk,  as  a  public  acknowledgement  that  my 
former  Conduct  in  the  Station  of  Secretary  to  the  several  Congresses 


had  at  least  been  irreproachable — and  I  have  endeavoured  to  dis- 
charge the  last  Duty  to  which  I  was  appointed  with  equal  Fidelity 
so  far  as  my  circumscribed  abilities  would  allow. 

But  having-  since  received  the  most  honourable  Testimony  from 
my  Fellow-Citizens,  also,  of  their  approbation  of  my  Conduct  as  a 
member  by  re-electing  me  one  of  the  Representatives  of  this  metrop- 
olis, notwithstanding  my  having  been  appointed  to  a  Place  of  Emolu- 
ment; and  as  it  may  be  impossible  for  me  to  discharge  with  Pro- 
priety and  Satisfaction  the  Duties  both  of  a  Member  and  Clerk,  I 
think  it  incumbent  on  me  to  give  a  Preference  to  the  last  Election, 
and  obey  the  summons  I  have  seen  affixed  to  the  Church-Door. 

.1  do  therefore  beg  Leave  to  request  that  my  Resignation  of  the 
Place  of  Clerk  to  the  General  Assembly  may  be  accepted,  and  that 
your  Honour  will  do  me  the  Favour  to  deliver  my  most  grateful 
Thanks  to  the  House  as  well  for  the  favourable  Opinion  they  have 
been  pleased  to  entertain  of  me  as  for  the  Indulgences  they  have 
shewn  to  my  Imperfections ;  I  have  the  Honour  to  be  Sir  with  great 
Respect 

Your  most  obedient  &  most  Humble  Serv*. 

Peter  Timothy 
Charles-Town 
1 7th  September  1776 

Whereupon  it  was  moved  and 

Ordered  That  Mr  Timothy  be  sent  for  and  acquainted  by  the 
Speaker  That  the  House  had  Experience  of  his  Integrity  and  Ability, 
so  they  did  not  incline  to  accept  of  his  Resignation  but  desired  and 
expected  that  he  would  continue  to  act  as  their  Clerk  at  least  during 
the  present  Session  as  the  Time  would  be  but  short. 

Mr.  Timothy  attending,  and  being  informed  accordingly  He 
declared  his  Obligation  to  the  House  for  the  favourable  Opinion  they 
were  pleased  to  have  of  him  and  that  in  Compliance  with  the  Expec- 
tation of  the  House,  whose  Commands  he  was  always  ready  to  obey, 
he  would  continue  to  execute,  to  the  best  of  his  Power,  the  Duty  of 
Clerk;  provided  it  was  not  expected,  that  his  Continuance  in  that 
Office  should  prevent  his  qualifying  and  taking  his  seat  as  a  member 

Which  the  House  acquiescing  in ;  Mr  Timothy  took  his  Place  as 
Clerk,  and  afterwards  qualifyed  as  a  member 

On  Motion 

Resolved  That  the  Admission  of  the  present  Clerk  of  this  House 
to  act  in  that  Capacity  and  at  the  same  to  sit  as  a  member  shall  not 
be  drawn  into  Precedent. 


Ordered  That  Colonel  Horry  and  Mr.  William  Skirving  do  wait 
on  the  President  and  acquaint  His  Excellency  that  the  House  is  met. 

Ordered  That  all  the  Committees  who  were  appointed  during  the 
last  sitting  of  the  General  Assembly  and  have  not  yet  reported  be 
revived. 

Colonel  Horry  reported  That  Mr  Skirving  and  himself  had 
attended  the  President  with  the  message  they  had  in  Charge  And 
that  His  Excellency  was  pleased  to  say  the  House  should  hear  from 
him. 

A  Petition  of  William  Scott  Junior  was  presented  to  the  House 
and  read  in  the  words  following  vizt. 

That  the  Petitioner  together  with  Jonathan  Scott  Clement  Lam- 
prier  Hugh  Rutledge  Levi  Durand  and  Joshua  Toomer  Esquires 
were  Candidates  at  the  Election  lately  held'  in  the  Parish  of  Christ- 
Church  for  the  choosing  of  Two  members  to  sit  in  the  General 
Assembly  in  the  Room  of  His  Excellency  the  President  and  Captain 
Lamprier 

That  at  the  Close  of  the  Poll  at  the  said  Election  and  examining 
the  Votes  there  appeared  to  be  Thirty  Votes  for  Joshua  Toomer 
Twenty  Seven  Votes  Part  whereof  were  for  William  Scott  and  Part 
for  William  Scott  Junior  and  Twenty-five  Votes  for  Levi  Durand 
and  thereupon  the  Petitioner  (who  was  at  the  Election)  and  Joshua 
Toomer  were  declared  duly  elected  and  complimented  thereupon  by 
several  of  the  Electors. 

That  after  such  Declaration  a  Scrutiny  was  demanded  and  the 
Votes  severally  again  looked  over  and  some  of  them  which  were 
given  in  for  the  Petitioner  appearing  without  the  Word  Junior 
thereto  the  Church  Wardens  were  thereupon  pleased  to  declare  Levi 
Durand  Esquire  with  Joshua  Toomer  Esquire  duly  elected  and  have 
returned  the  said  Gentlemen  accordingly 

That  the  Petitioner  conceives  himself  injured  by  such  Return  as 
he  presumes  he  was  duly  elected  by  having  more  Votes  than  Levi 
Durand  Esquire  although  the  word  Junior  was  omitted  in  some  of 
them  there  being  no  other  Person  of  his  name  who  had  offered  him- 
self as  a  Candidate  or  any  of  his  name  in  this  Country  to  his  knowl- 
edge but  his  Uncle  William  Scott  Esquire  who  is  already  a  member 
of  this  Honourable  House —  And  as  the  Electors  who  voted  for  the 
Petitioner  are  ready  to  testify  that  although  they  left  out  the  word 
Junior  they  meant  to  vote  for  him  Your  Petitioner  therefore  humbly 
prays  this  Honourable  House  to  take  his  Case  into  Consideration 
and  grant  him  such  Relief  therein  as  may  appear  Just 


Ordered  That  the  said  Petition  be  referred  to  a  Committee  on 
Priviledges  and  Elections 

Ordered  That  the  following  Gentlemen  be  a  Committee  on  Privi- 
ledges  and  Elections  (viz)  Colonel  Pinckney  Mr  Justice  Matthews 
Reverend  Mr  Tennent  Captain  Vanderhorst  Mr  De  Saussure  Hon- 
ourable Mr  Edwards  Colonel  Horry  Mr  Young  and  Mr  Williamson 

The  House  being  informed  That  the  Honourable  Thomas  Bee 
and  the  Honourable  David  Oliphant  Esquires  had  been  appointed  to 
Places  of  Emolument  whereby  their  Seats  in  the  Legislative  Council 
were  vacated,  Therefore 

Resolved  That  this  House  will  To-morrow  morning  proceed  to 
ballot  for  Two  members  of  the  Legislative  Council  in  the  Room  of 
the  Honourable  Mr  Bee  and  the  Honourable  Mr.  Oliphant 

Mr  Speaker  informed  the  House  that  he  had  received  a  Letter 
addressed  to  them  which  he  had  not  opened, 

And  the  said  Letter  being  received,  opened  and  read  was  from 
Joseph  Turpin  Commander  of  the  armed  Brigantine  Comet  belong- 
ing to  this  State  dated  Charles  Town  i6th  September.  1776. 

Ordered  That  the  said  Letter  do  lie  on  the  Table  for  the  Perusal 
of  the  members 

A  Memorial  of  Richard  Pearis  was  presented  to  the  House  and 
read  in  the  words  following 

That  the  memorialist  sometime  past  was  released  from  Confine- 
ment took  the  Test  Oath  also  the  Oath  of  Fidelity  as  appear  by  a 
Certificate  signed  by  His  Excellency  recommending  him  to  all  good 
People. 

That  the  memorialist  set  out  on  his  Journey  towards  Home  but  to 
his  great  Surprize  found  himself  ruined  by  means  of  Colonel  Thomas 
and  his  Party  who  burnt  and  destroyed  his  Houses,  Mills,  Grain  and 
Furniture,  his  negroes  and  stocks  of  Cattle  sold  and  the  spoil  dis- 
tributed amongst  him  and  his  men  whose  Cruelty  extended  so  far 
as  to  strip  Mrs.  Pearis  and  Family  leaving  them  with  only  Part  of 
their  Apparel  and  then  to  shift  for  themselves. 

That  the  memorialist  having  furnished  himself  with  vouchers  and 
testimonial  Proofs  respecting  his  Grievance.  Therefore  most  humbly 
prays  that  Order  might  be  made  for  restoring  his  negroes  and  stocks 
of  Cattle  and  with  Regard  to  all  other  Damage  the  memorialist  sub- 
mits to  your  serious  Consideration  praying  such  Relief  in  the  Prem- 
ises as  you,  in  your  wisdom  shall  deem  meet 

Ordered  That  the  said  memorial  be  referred  to  the  following 
Committee  (viz)  Colonel  Gervais,  Mr  Robinson,  Mr  Collins 


8 

And  then  the  House  adjourned  till  To-morrow  morning  nine  of 
the  Clock. 


Thursday  the  iQth  Day  of  September.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  yesterdays  proceedings, 

Henry  William  Harrington  &  George  Hicks  Esquires  were 
returned  duly  elected  members  of  this  House  for  the  Parish  of  Saint 
David. 

Mr  Pegues,  Mr  Stobo,  Mr  Hicks,  Mr  Attorney  General  Mr.  Philip 
Smith  and  Mr.  Sally  took  the  Oath  prescribed  by  the  Constitution 
and  their  Seats  as  members  of  the  House 

The  House  according  to  their  Resolve  of  Yesterday  proceeded  to 
ballot  for  Two  members  of  the  Legislative  Council  in  the  Room  of 
the  Honble  Mr  Bee  and  the  Honourable  Mr.  Oliphant,  the  former 
having  been  elected  a  Judge  and  the  latter  appointed  Director-Gen- 
eral of  the  Hospitals 

And  the  Ballots  being  cast  up, 

Mr  Speaker  reported  That  Thomas  Fuller  and  Daniel  Horry 
Esquires  were  duly  elected  by  majority  of  Votes. 

The  Honourable  Rawlins  Lowndes  Esquire  attending  took  the 
Oath  prescribed  by  the  Constitution  and  his  Seat  as  a  member  of 
this  House  declining  to  take  the  Seat  to  which  he  had  been  elected 
in  the  Legislative  Council 

Resolved  That  this  House  will  immediately  proceed  to  the  Elec- 
tion of  another  member  of  the  Legislative  Council  in  the  Room  of 
the  Honourable  Mr.  Lowndes 

The  House  proceed  to  ballot  accordingly 

And  the*  Ballots  being  Reckoned 

Mr  Speaker  reported  That  John  Parker  Esquire  was  duly  elected 
a  member  of  the  Legislative  Council  in  the  Room  of  the  Honourable 
Mr,,  Lowndes 

Ordered  That  a  Copy  of  the  minutes  of  the  foregoing  Elections 
be  made  out,  signed  by  the  Speaker,  and  delivered  to  the  Gentlemen 
elected. 

Message  from  the  President  by  the  Master  in  Chancery 

Mr  Speaker 

His   Excellency  the   President  desires   the  attendance  of  this 
House  in  the  Council  Chamber  immediately. 

And  the  messenger  withdrew 

Mr  Speaker  with  the  House  waited  upon  His  Excellency  accord- 
ingly. 


And  being  returned,  Mr  Speaker  reported  That  this  House  having 
waited  upon  the  President  in  the  Council  Chamber  His  Excellency 
had  been  pleased  to  make  a  speech  of  which  he  had  obtained  a  Copy 
in  the  following  words. 

Honourable  Gentlemen  of  the  Legislative  Council 

Mr.  Speaker  and  Gentlemen  of  the  General  Assembly. 

I  think  it  my  Duty  to  pay  this  Tribute  of  applause  to  those  brave 
Troops  who  in  repelling  the  formidable  British  Armament  which 
attacked  them  on  Sullivants  Island  vainly  flattering  themselves  with 
an  assurance  of  easy  conquest  displayed  a  Firmness  and  Intrepidity, 
that  would  have  reflected  Honour  on  Roman  Veterans,  and  I  most 
heartily  congratulate  you  on  their  heroic  Behaviour. 

It  is  an  auspicious  Presage  of  what  may  be  expected  frqm  the 
Valour  of  our  other  Troops,  when  Theirs  shall  be  the  Post  of  Dan- 
ger, as  it  demonstrates  that  men  animated  by  an  ardent  Zeal  for  the 
Sacred  Liberties  of  their  Country,  and  trusting  in  the  Divine  sup- 
port, are  capable  of  the  most  glorious  Atchievements. 

The  Cherokee  Indians  having  committed  such  barbarous  acts  of 
Hostility  as  threatened  Desolation  to  the  Frontier  Settlements  at  a 
Time  when  the  Enemy  lay  in  view  of  this  Town,  and  an  attack  on  it 
was  daily  expected,  a  considerable  Force  was  immediately  sent  into 
that  Nation  to  obtain  Satisfaction  for  their  cruel  Outrages  by  acting 
with  the  greatest  Vigour — Our  people  have  behaved  with  much 
Spirit — It  has  pleased  God  to  grant  very  signal  Success  to  their 
Operations,  and  I  hope  by  His  Blessing  on  our  Arms  and  those  of 
North  Carolina  and  Virginia,  from  whom  I  have  Promises  of  aid, 
an  End  may  soon  be  put  to  this  War.  • 

Since  your  last  meeting  the  Continental  Congress  have  declared 
.the  United  Colonies  Free  and  Independent  States  absolved  from 
Allegience  to  the  British  Crown  and  the  Political  Connexion  between 
them  and  Great  Britain  totally  dissolved — an  Event  which  necessity 
had  rendered  not  only  Justifiable  but  unavoidable — This  Declaration 
and  Several  Resolves  of  that  Honourable  Body  received  during  your 
Recess  shall  be  laid  before  you — I  doubt  not  you  will  take  such 
measures  as  may  be  necessary  in  Consequence  of  them. 

A  well  regulated  Militia  being  essential  to  the  Preservation  of  our 
Freedom  I  am  persuaded  you  will  think  with  me  that  your  Time 
cannot  be  better  employed  than  in  framing  a  Law  for  making  such 
Improvements  in  the  militia  as  may  produce  the  most  beneficial  Con- 
sequences. 


10 

It  is  not  improbable  that  at  the  Season  appointed  for  the  meeting 
of  the  next  Assembly  the  Business  of  Legislation  must  yield  to  that 
of  a  different  nature  and  it  behoves  us  to  employ  this  Time  of  the 
Enemy's  Absence  in  making  the  best  Preparations  for  Defence  and 
enacting  such  Laws  as  the  present  Exigencies  demand — I  have 
therefore  thought  it  for  the  Public  Service  to  call  you  together  now 
that  you  may  deliberate  on  those  matters  which  tend  to  the  Interest 
and  Security  of  the  State 

I  shall  propose  what  in  the  Course  of  your  Session  appear  so  to 
me  and  be  happy  in  receiving  your  Advice  on  and  concurring  with 
you  in  any  that  may  effect  those  important  Objects. 

John  Rutledge 
September  I9th.  1776 

Message  from  the  President  by  the  Master  in  Chancery, 

Mr  Speaker  and  Gentlemen  of  the  General  Assembly, 

I  send  you  the  Resolves  of  Congress  which  I  promised  to  lay 
before  you — also  a  Letter  from  the  Delegates  of  this  State  relative  to 
the  East-India  Tea  in  the  Cellars  under  the  Exchange 

And  I  recommend  it  to  you  to  consider  whether  it  will  not  be 
expedient  to  dispose  of  this  Tea,  and  apply  the  money  arising  from 
the  sale  of  it  towards  defraying  the  Public  Expences 

John  Rutledge 
September  iQth.  1776 

The  Papers  accompanying  the  foregoing  Message  were 

Letter  from  the  Delegates  of  this  State  in  the  Continental  Congress 
dated  Philadelphia  pth  July  1776,  inclosing. 

Resolves  of  Congress  of  26th  December  1775,  I7th  February  I4th 
March  23d  and  25th  March  6th  April,  Order  of  the  Continental 
Board  of  Treasury  of  7th  May  Resolves  of  Congress  of  i8th  igth. 
24th  and  26th  June  the  Declaration  of  Independence  4th  July  and 
Resolves  of  Congress  of  4th  and  5th  July  1776  Also 

Another  Letter  from  the  Delegates  dated  Philadelphia  25th  July 
inclosing 

A  Letter  from  the  Honourable  John  Hancock  President  of  Con- 
gress to  His  Excellency  the  President  of  this  State  dated  Philadel- 
phia 24th  July  1776 — inclosing  Resolves  of  Congress  of  that  Date 
Also 

Another  Resolve  of  Congress  24th  July  1776 

Ordered  That  the  Speech  this  Day  delivered  to  both  Houses  by 
His  Excellency  the  President,  and  also  His  Excellency's  Message  of 
this  Date  be  referred  to  the  following  Committee,  (viz)  the  Hon- 


II 

curable  Mr  Lowndes,  Colonel  Pinckney,  Mr.  Attorney  General,  the 
Reverend  Mr  Tennent,  the  Honourable  Mr  Edwards,  Mr.  Neufville, 
Colonel  Motte,  Mr.  Philip  Smith,  and  Captain  Roger  Smith 

Mr.  Pegues  informed  the  House  that  the  small-Pox  having  broke 
out  among  the  Drivers  or  Passengers  in  some  Waggons  from  Phil- 
adelphia in  the  Service  of  Mr  John  Mitchell  of  Meldrum  arrived 
in  the  Frontiers  of  this  State  some  Committees  had  thought  it  neces- 
sary to  take  measures  for  preventing  that  Infection  being  brought  or 
spread  in  this  Country  but  were  desirous  of  being  indemnified  in 
what  they  had  done  and  to  be  authorized  by  the  General  Assembly 
to  pursue  any  further  measures  that  might  be  necessary. 

Ordered  That  the  information  laid  before  this  House  by  Mr 
Pegues  be  referred  to  the  following  Committee  (viz)  Mr  Loocock 
Major  Hicks  Mr.  Josiah  Smith  Junior  Mr.  Withers  and  Mr  Young 
And  that  they  do  report  thereon  as  soon  as  may  be 

And  then  the  House  adjourned  till  To-morrow-morning  nine  of 
the  Clock. 

Friday  the  2oth  Day  of  September.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  Yesterday's  Proceedings. 

John  Waring,  Keating  Simons,  Charles  Cantey,  and  John  Cald- 
well  of  St  Matthews  Parish  Esquires  took  the  Oath  prescribed  by 
the  Constitution  and  their  Seats,  as  members  of  this  House  for  the 
Parishes  they  respectively  were  elected  to  represent 

Mr.  Young  reported  from  the  Committee,  to  whom  was  referred 
the  Information  given  to  the  House  Yesterday  by  Mr  Pegues  re- 
specting a  number  of  waggons  laden  with  Woolens  and  other  Mer- 
chandise said  to  be  the  Property  of  Mr.  John  Mitchell  now  on  their 
way  from  Philadelphia  to  this  State  some  of  the  Drivers  or  Passen- 
gers of  which  having  the  Infection  of  the  small-Pox  And  he  read 
the  Report  in  his  Place  and  afterwards  delivered  it  in  at  the  Clerk's 
Table  where  the  same  was  read  and  is  as  followeth 

That  it  is  the  Opinion  of  your  Committee  that  the  District  Com- 
mittee of  St  David's  Parish  be  authorized  and  impowered  to  take 
every  necessary  Precaution  and  use  every  means  in  their  Power  to 
prevent  the  Infection  spreading  by  causing  the  Persons  and  Mer- 
chandize so  infected  to  be  carried  to  some  distant  Place  from  the 
Settlements  and  place  a  proper  Guard  thereon  till  such  Time  as  they 
shall  be  fully  satisfied  that  no  Infection  remains  or  to  pursue  any 
other  mode  that  they  shall  think  most  proper. 


12 

That  the  Goods  during  such  Detention  shall  be  and  remain  at  the 
Risk  of  the  Owner  or  Owners  thereof  That  the  Expence  accruing 
thereon  be  advanced  by  the  Public  And  that  the  Chairman  of  the 
said  District  Committee  be  impowered  to  draw  upon  the  Treasury 
for  the  same  to  be  refunded  by  Mr.  Mitchell 

Your  Committee  are  further  of  Opinion  That  the  said  District 
Committee  should  be  indemnified  for  any  necessary  step  already  and 
hereafter  to  be  taken  by  them  to  prevent  the  said  Infection  from 
spreading  in  this  State 

Resolved  That  the  said  Report  be  taken  into  Consideration  im- 
mediately 

And  the  same  being  taken  into  Consideration  accordingly  was 
amended  and  agreed  to  by  the  House  and  is  as  followeth 

That  it  is  the  opiniftn  of  the  Committee  that  the  District  Committee 
of  St.  Davids  Parish  be  authorized  and  required  to  take  every  neces- 
sary Precaution  and  use  every  means  in  their  Power  to  prevent  the 
Infection  spreading  by  causing  the  Persons  and  merchandize  so 
infected  to  be  carried  to  some  distant  Place  from  the  Settlements 
and  place  a  proper  Guard  thereon  till  such  Time  as  they  are  satisfied 
no  Infection  remains  or  to  pursue  any  other  mode  that  they  shall 
think  most  proper 

That  the  Goods  during  such  Detention  shall  be  and  remain  at  the 
Risk  of  the  Owner  or  Owners  thereof  That  the  Expences  accruing 
thereon  be  advanced  by  the  Public  And  that  the  Chairman  of  the 
said  District  Committee  be  impowered  to  draw  on  the  Treasury  for 
the  same  to  be  refunded  by  Mr.  Mitchell  if  the  General  Assembly 
shall  hereafter  think  proper 

Your  Committee  are  further  of  Opinion  that  the  said  District 
Committee  should  be  indemnified  for  any  necessary  stepts  already 
and  hereafter  to  be  taken  by  them  in  order  to  prevent  the  said  In- 
fection from  spreading  in  this  State 

Ordered  That  a  Message  be  sent  to  the  President  with  a  Copy  of 
the  foregoing  Report 

The  Honourable  Mr  Lowndes  reported  from  the  Committee  to 
whom  the  President's  speech  delivered  to  both  Houses  Yesterday  an 
address  in  answer  to  the  said  Speech  And  he  read  the  address  in  his 
Place  and  afterwards  delivered  it  in  at  the  Clerk's  Table  where  the 
same  was  read  and  is  as  followeth 

May  it  please  your  Excellency 

We  the  Representatives  of  the  State  of  South  Carolina  convened 
and  met  in  General  Assembly  beg  Leave  most  heartily  to  join  your 


'3 

Excellency  with  our  Tribute  of  applause  to  those  brave  Troops  who 
lately  signalized  themselves  by  their  Firmness  and  Intrepidity  in 
repelling  the  formidable  British  Armament  which  attacked  them  on 
Sullivant's  Island  and  thereby  disappointing  the  vain  and  flattering 
Expectations  of  our  cruel  and  unnatural  Foes  a  Tribute  we  deemed 
justly  due  from  an  injured  Country  for  such  heroic  Behaviour  and  as 
a  greatful  Testimony  of  the  early  and  auspicious  Presage  of  the 
future  Valour  and  Heroism  of  men  animated  by  the  noblest  of  all 
Incentives  an  ardent  Zeal  for  the  sacred  Liberties  of  their  Country 
and  a  Confidence  in  Divine  Justice 

We  are  happy  to  find  the  barbarous  and  ungrateful  attempts  of 
the  Cherokee  Indians  on  our  Frontier  Settlements  are  checked  by 
the  spirit  and  activity  of  our  Countrymen  in  those  Parts  and  from 
their  past  Success  as  well  as  the  Zeal  and  Activity  of  our  Friends  of 
North  Carolina  and  Virginia  hope  a  speedy  End  will  soon  be  put 
to  the  Outrages  of  those  destestable  Savages 

It  is  with  the  most  unspeakable  Pleasure  we  embrace  this  oppor- 
tunity of  expressing  our  Joy  and  Satisfaction  in  the  Declaration  of 
the  Continental  Congress  declaring  the  United  Colonies  Free  and 
Independent  States  absolved  from  allegiance  to  the  British  Crown 
and  totally  dissolving  all  political  union  between  them  and  Great 
Britain  an  Event  unsought  for  and  now  produced  by  unavoidable 
necessity  and  which  every  Friend  to  Justice  and  Humanity  must  not 
only  hold  justifiable  as  the  natural  Effects  of  unmeritted  Persecution 
but  equally  rejoice  in,  as  the  only  effectual  Security  against  Injuries 
and  oppressions  and  the  most  promising  source  of  future  Liberty  and 
Safety. 

The  Declaration  of  Independency  and  the  Resolves  of  the  Hon- 
ourable the  Continental  Congress  now  laid  before  us  shall  be  the 
principal  objects  of  our  attention  in  our  Deliberations  for  the  Public 
Good 

We  are  fully  persuaded  how  essential  it  is  to  the  Freedom  and 
Support  of  a  free  State  to  have  a  well-regulated  Militia  and  more 
especially  to  this  State  in  the  present  Circumstance  of  Affairs  in 
America — we  shall  therefore  think  it  our  Duty  while  the  Business 
of  Legislation  is  not  interrupted  by  the  Din  of  Arms  to  employ  every 
moment  necessary  to  effect  a  Purpose  so  essential  and  so  beneficial 
in  making  the  best  Preparations  for  Defence  and  Enacting  such 
Laws  as  are  necessary  for  the  Safety  and  Security  of  the  State 

Resolved  That  the  said  Address  be  taken  into  immediate  Consid- 
eration 


14 

The  first  and  Second  Clauses  thereof  being  read  were  amended 
and  agreed  to  by  the  House 

Upon  reading  the  third  Clause  it  was  moved  to  amend  the  same 
by  striking  out  the  words  unspeakable  Pleasure 

A  Debate  ensuing 

And  the  Question  being  put, 

It  passed  in  the  Negative. 

The  third  fourth  and  fifth  Clauses  being  then  read  and  amended 
were  agreed  to  And  the  said  Address  as  agreed  to  is  in  the  words 
following 

To  His  Excellency  John  Rutledge  President  and 
Commander  in  Chief  of  the  State  of  South  Caro- 
lina 

The    Address   of  the   General   Assembly   of 

the  said  State 
May  it  please  your  Excellency 

We  the  the  Representatives  of  the  State  of  South  Caro- 
lina met  in  General  Assembly  beg  Leave  most  heartily  to  join  your 
Excellency  with  our  Tribute  of  Applause  to  those  brave  Troops  who 
lately  signalized  themselves  by  their  Firmness  and  Intrepidity  in  re- 
pelling the  formidable  British  Armament  which  attacked  them  on 
Sullivant's  Island  and  thereby  disappointing  the  vain  and  flattering 
Expectations  of  our  cruel  and  unnatural  Foes — a  Tribute  we  deemed 
justly  due  from  an  injured  Country  for  such  heroic  Behaviour  and 
as  a  greatful  Testimony  of  the  early  and  auspicious  Presage  of  the 
future  Valour  and  Heroism  of  men  animated  by  the  noblest  of  all 
Incentives  an  ardent  Zeal  for  the  Sacred  Liberties  of  their  Country 
and  a  Confidence  in  Divine  Justice. 

We  are  happy  to  find  the  barbarous  and  ungrateful  Attempts  of 
the  Cherokee  Indians  instigated  by  our  British  Enemies  on  our 
Frontier  settlements  are  checked  by  the  spirit  and  activity  of  our 
brave  Countrymen  in  those  Parts  and  from  their  past  Success  as 
well  as  the  Zeal  and  Activity  of  our  Friends  of  North  Carolina  and 
Virginia  hope  a  speedy  End  will  be  put  to  the  Outrages  of  those 
destable  Savages 

It  is  with  unspeakable  Pleasure  we  embrace  this  Opportunity  of 
expressing  our  Satisfaction  in  the  Declaration  of  the  Continental 
Congress  constituting  the  United  Colonies  Free  and  Independent 
States  absolved  from  Allegiance  to  the  British  Crown  and  totally 
dissolving  all  political  Union  between  them  and  Great  Britain — an 
Event  unsought  for  and  now  produced  by  unavoidable  necessity  and 


15 

which  every  Friend  to  Justice  and  Humanity  must  not  only  hold 
justifiable  as  the  natural  Effect  of  unmerited  Persecution  but  equally 
rejoice  in  as  the  only  effectual  Security  against  Injuries  and  Oppres- 
sions and  the  most  promising  scource  of  future  Liberty  and  Safety 

The  Declaration  of  Independency  and  Resolves  of  the  Honourable 
the  Continental  Congress  now  laid  before  us  shall  be  the  principal 
object  of  our  attention  in  our  Deliberations  for  the  Public  Good 

We  are  fully  persuaded  that  it  is  essential  to  the  Liberties  and 
Support  of  a  free  State  to  have  a  well-regulated  militia  and  more 
especially  to  this  State  in  the  present  Circumstance  of  affairs  in 
America  we  shall  therefore  think  it  our  Duty  while  the  Business  of 
Legislation  is  not  interrupted  by  the  Din  of  Arms  to  employ  every 
opportunity  to  effect  a  Purpose  so  beneficial  in  making  the  best  Pre- 
parations for  Defence  and  in  framing  such  Laws  as  are  necessary 
for  the  Safety  and  Security  of  the  State 

Ordered  That  the  Address  be  ingrossed 

Ordered  That  Colonel  Gervais  and  Mr.  Ralph  Izard  do  wait  on 
the  President  and  acquaint  him  the  House  have  an  address  to  pre- 
sent to  His  Excellency  and  desire  to  know  when  he  will  please  to  be 
attended  for  that  Purpose. 

Colonel  Pinckney  reported  from  the  Committee  on  Privileges  and 
Elections  to  whom  was  referred  the  Petition  of  William  Scott  Junior 
of  Charles  Town  merchant  the  matter  as  it  appeared  to  them  touch- 
ing the  Election  for  the  Parish  of  Christ-Church  with  their  Opinion 
thereupon  And  he  read  the  Report  in  his  Place  and  afterwards  de- 
livered it  in  at  the  Clerk's  Table  where  the  same  was  read  and  is  as 
followeth 

That  they  have  considered  the  sajd  Petition  and  have  examined 
witnesses  concerning  the  Truth  of  the  allegations  therein  contained 
and  find  That  at  the  Election  for  Two  Members  for  the  Parish  of 
Christ-Church  at  the  Close  of  the  Ballot  there  appeared  to  be  Thirty 
Votes  for  Joshua  Toomer  Twenty  Votes  for  Levi  Durand  Twelve 
for  William  Scott  and  Fifteen  for  William  Scott  Junior  That  the 
Petitioner  William  Scott  Junior  was  the  only  candidate  of  the  name 
of  William  Scott  That  it  did  not  appear  to  your  Committee  that  there 
was  any  other  Person  of  that  name  in  the  Country  but  William  Scott 
Esquire  already  a  member  of  this  House  and  Uncle  to  the  Petitioner 
And  that  even  by  the  Admission  of  Mr  Durand  the  sitting  member 
it  appeared  that  the  Votes  which  were  given  for  William  Scott  were 
meant  and  intended  for  the  Petitioner  William  Scott  junior 


i6 

Your  Committee  further  report  that  on  its  being  suggested  by  Mr 
Durancl  the  sitting  member  that  several  Persons  who  had  Voted  at 
the  said  Election  had  not  the  Qualifications  required  by  Law  they 
examined  the  List  of  the  Electors  and  found  that  only  one  Person  had 
ballotted  who  was  not  duly  qualified  whereby  a  majority  of  Votes 
still  appeared  to  be  for  the  Petitioner 

Your  Committee  therefore  are  of  Opinion  that  William  Scott  the 
Petitioner  should  have  been  returned  duly  elected  and  not  Mr. 
Durand  the  sitting  member  and  recommend  it  to  the  House  that  the 
returning  Officer  be  ordered  to  strike  out  the  name  of  Levi  Durand 
on  the  Return  of  the  Writ  of  Election  and  insert  the  name  .of  Wil- 
liam Scott  Junior  in  its  stead. 

Resolved  That  the  said  Report  be  taken  into  Consideration  imme- 
diately 

And  the  same  being  taken  into  Consideration  accordingly, 

Resolved  That  this  House  do  agree  with  the  Report  of  the  Com- 
mittee. 

Ordered  That  Jonathan  Scott  the  returning  officer  do  attend  this 
House  immediately  to  amend  the  Return  for  the  Parish  of  Christ- 
Church  by  rasing  out  the  name  of  Levi  Durand  Esquire  and  insert- 
ing the  name  of  William  Scott  Junior  Esquire  instead  thereof, 

Ordered  That  the  Several  Papers  which  accompanied  the  Presi- 
dent's message  of  Yesterday  be  now  read 

And  they  were  read  accordingly  And  are  as  follow 
Letter  from  the  Delegates  of  this  State  in 
the  Continental  Congress  to  His  Excel- 
lency the  President 

Philadelphia  gth  July.  1776 
Sir 

Inclosed  are  the  Resolutions  of  Congress  respecting  our 
Provincial  Forces  We  wish  they  may  be  agreeable  to  your  Excellency 
to  our  Assembly  and  to  the  officers  of  our  Army  if  they  are  not  there 
is  nothing  compulsory  in  them  Congress  would  not  strictly  comply 
with  the  Request  we  were  ordered  to  make  on  this  subject  lest  they 
should  establish  a  Precedent  which  might  be  injurious  to  the  General 
Interest  of  America;  We  have  therefore  been  obliged  to  vary  our 
application  and  to  adopt  such  Resolutions  as  seemed  most  conforma- 
ble to  the  Intentions  of  our  Congress  and  most  likely  to  give  Satis- 
faction to  the  Officers  of  our  Army. 

Inclosed  also  are  some  other  occasional  Resolutions  of  Congress 
and  a  very  important  Declaration  which  the  King  of  Great-Britain 


has  at  last  reduced  us  to  the  necessity  of  making,  all  the  Colonies 
were  united  upon  this  great  Subject  except  New- York  whose  Dele- 
gates were  restrained  by  an  Instruction  given  several  months  ago, 
their  Convention  is  to  meet  in  a  few  days  when  it  is  expected  that 
Instruction  will  be  immediately  withdrawn  and  the  Declaration 
unanimously  agreed  to  by  the  Thirteen  United  States  of  America. 

We  have  procured  an  Order  from  Congress  for  Three  Hundred 
Thousand  Dollars  for  the  Payment  and  Disbursements  of  our 
Troops  which  will  be  forwarded  to  you  as  soon  as  possible :  Congress 
have  also  given  Directions  to  the  Commanding  officer  in  Virginia 
about  a  Fortnight  ago  to  send  forward  Five  Thousand  Pounds  of 
Gun  Powder  to  our  Colony. 

Every  Day  now  is  likely  to  produce  something  important — We 
have  heard  of  Clinton's  Arrival  off  Charles  Town  Bar  and  most 
anxiously  wait  to  know  the  Event — General  Howe's  Army  from 
Halifax  said  to  contain  10,000  men  are  arrived  at  Sandy  Hook  a 
Part  of  them  are  landed  upon  Staten  Island  it  is  said  he  is  waiting  to 
be  joined  by  20,000  more  who  are  coming  from  England  in  the 
Fleet  under  Lord  Howe  when  it  is  expected  that  New-York  will 
become  the  scene  of  action  The  Army  under  General  Washington 
are  in  high  spirits  and  the  militia  have  taken  the  Field  with  an 
alacrity  that  does  them  Honour;  From  these  Circumstances  we  still 
hope  for  a  Providential  Interposition  and  that  the  Virtuous  Efforts 
of  America  will  be  crowned  with  deserved  Success  With  the  great- 
est Respect  we  are 

Your  Excellency's 

P  S  the  Express  is  most  obedient  Servants 

to  be  paid  for  every  Thomas  Lynch 

Day  that  he  is  Detained  Edward  Rutledge 

in  Carolina  •  Arthur  Middleton 

Thomas  Hey  ward  junior 
Thomas  Lynch  Junior 
His  Excellency  John  Rutledge  Esquire 

In  Congress  December  26th.  1775 

Resolved  That  it  be  recommended  to  the  several  assemblies  Con- 
ventions Councils  or  Committees  of  Safety  of  the  respective  Colonies 
to  ascertain  by  the  most  impartial  and  effectual  means  in  their  Power 
the  number  of  Inhabitants  in  each  respective  Colony  taking  Care 
that  the  Lists  be  authenticated  by  the  Oaths  of  the  several  Persons 
who  shall  be  intrusted  with  this  Service  and  that  the  said  Assemblies 
Conventions  Councils  or  Committees  of  Safety  do  respectively  lay 

2 — H.  c. 


i8 

before  this  Congress  a  Return  of  the  number  of  Inhabitants  of  their 
respective  Colonies  as  soon  as  the  same  shall  be  procured 
Extract  from  the  minutes 

Charles  Thomson  Secretary 
Copy 

In  Congress  February  I7th.  1776 

ist  Resolved  That  a  standing  Committee  of  Five  be  appointed  for 
superintending  the  Treasury 

5th  Article  That  it  shall  be  the  Business  of  this  Committee  to 
obtain  from  the  different  Assemblies  and  Conventions  of  the  United 
Colonies  Accounts  of  the  number  of  Inhabitants  in  each  Colony  ac- 
cording to  a  Resolution  of  Congress  on  that  Subject 
Extract  from  the  Minutes 

Charles  Thomson  Secretary 
Copy 
At  a  Treasury-Board  held  at  the  Treasury  Office — 

in  Philadelphia  the  7th  Day  of  May  Anno  Domini  1776 

Present 
James  Duane  Chairman          ") 

Thomas  Willing V  Esquires  Superintendants 

Elbridge  Gerry J 

John  Gibson  Auditor  General 
William  Webb  Assistant 

Ordered  That  Letters  be  written  pursuant  to  the  Resolution  of 
Congress  of  the  Seventeenth  day  of  February  to  the  different  Assem- 
blies and  Conventions  of  the  United  Colonies  requesting  them  to  fur- 
nish Accounts  of  the  number  of  the  Inhabitants  in  each  Colony 
respectively  according  to  Resolution  of  Congress  on  that  Subject 
And  that  a  Copy  of  the  last  mentioned  Resolution  be  forwarded  to 
each  of  them  • 

Extract  from  the  Minutes  of  the  Treasury  Board 
John  Gibson  Auditor  General 
In  Congress  March  14th  1776. 

Resolved  That  it  be  recommended  to  the  several  Assemblies  Con- 
ventions and  Councils  or  Committees  of  Safety  of  the  United  Colo- 
nies immediately  to  Cause  all  Persons  to  be  disarmed  within  their 
respective  Colonies  who  are  notoriously  disaffected  to  the  cause  of 
America  or  who  have  not  associated  and  shall  refuse  to  associate  to 
defend  by  Arms  these  United  Colonies  against  the  hostile  attempts 
of  the  British  Fleets  and  Armies ;  And  to  apply  the  Arms  taken  from 
such  Persons  in  each  respective  Colony  in  the  first  Place  to  the  Arm- 


ing  the  Continental  Troops  raised  in  said  Colony,  in  the  next  to  the 
Arming  such  Troops  as  are  raised  by  such  Colony  for  its  own  De- 
fence and  the  Residue  to  be  applied  to  the  Arming  the  associators; 
That  such  Arms  when  taken  be  appraised  by  indifferent  Persons  and 
such  as  are  applied  to  the  Arming  Continental  Troops,  be  paid  for 
by  the  Congress  and  the  Residue  by  the  respective  Assemblies,  Con- 
ventions or  Councils  or  Committees  of  Safety 

Extract  from  the  minutes 

Charles  Thomson  Secretary 

In  Congress  March  23  1776 

Whereas  the  Petitions  of  these  United  Colonies  to  the  King  for  the 
Redress  of  great  and  manifest  Grievances  have  not  only  been  re- 
jected but  treated  with  Scorn  and  Contempt  and  the  Opposition  to 
Designs  evidently  formed  to  reduce  them  to  a  state  of  servile  sub- 
jection and  their  necessary  Defence  against  hostile  Forces  actually 
employed  to  subdue  them  declared  Rebellion  And  Whereas  an  un- 
just War  hath  been  commenced  against  them  which  the  Command- 
ers of  the  British  Fleets  and  Armies  have  prosecuted  and  still  con- 
tinue to  prosecute  with  the  utmost  Vigour  and  in  a  Cruel  Manner 
wasting  spoiling  and  destroying  the  Country  burning  Houses  and 
defenceless  Towns  and  exposing  the  helpless  Inhabitants  to  every 
misery  from  the  Inclemency  of  the  Winter  and  not  only  urging 
Savages  to  invade  the  Country  but  instigating  negroes  to  murder 
their  masters  And  Whereas  the  Parliament  of  Great-Britain  hath 
lately  passed  an  Act  affirming  these  Colonies  to  be  in  open  Rebellion 
forbidding  all  Trade  and  Commerce  with  the  Inhabitants  thereof 
untill  they  shall  accept  Pardons  and  submit  to  dispotic  Rule  declar- 
ing their  Property  wherever  found  upon  the  Water  liable  to  Seizure 
and  Confiscation  and  enacting  that  what  had  been  done  there  by 
Virtue  of  the  Royal  Authority  were  just  and  lawful  Acts  and  shall 
be  so  deemed  From  all  which  it  is  manifest  that  the  iniquitous 
Scheme  concerted  to  deprive  them  of  the  Liberty  they  have  a  Right 
to  by  the  Laws  of  Nature  and  the  English  Constitution  will  be  per- 
tinaciously pursued ;  It  being  therefore  necessary  to  provide  for  their 
Defence  and  Security  and  justifiable  to  make  Reprisals  upon  their 
Enemies  and  otherwise  to  annoy  them  according  to  the  Laws  and 
Usages  of  Nations,  the  Congress  trusting,  that  such  of  their  Friends 
in  Great-Britain  of  whom  it  is  confessed  there  are  many,  intitled  to 
applause  and  Gratitude  for  their  Patriotism  and  Benevolence  and  in 
whose  Favour  a  Discrimination  of  Property  cannot  be  made)  as  shall 


20 

suffer  by  Captures  will  impute  it  to  the  Authors  of  our  common 
Calamities  Do  Declare  and  Resolve  as  followeth.  (to  wit) 

Resolved  That  the  Inhabitants  of  these  Colonies  be  permitted  to 
fit  out  armed  Vessells  to  cruize  on  the  Enemies  of  these  United  Col- 
onies. 

Resolved  That  all  ships  and  other  Vessells  their  Tackle  apparel 
and  Furniture  and  all  Goods  Wares  and  Merchandizes  belonging  to 
any  Inhabitant  or  Inhabitants  of  Great-Britain  taken  on  the  High 
Seas  or  between  high  and  low-water  mark  by  any  armed  Vessel 
fitted  out  by  any  private  Person  or  Persons  to  whom  Commissions 
shall  be  granted  and  being  libelled  and  prosecuted  in  any  Court 
erected  for  the  Trial  of  Maritime  Affairs  in  any  armed  Vessel  fitted 
out  by  any  private  Person  or  Persons  to  whom  Commissions  shall  be 
granted  and  being  libelled  and  prosecuted  in  any  Court  erected  for 
the  Trial  of  Maritime  Affairs  in  any  of  these  Colonies  shall  be 
deemed  and  adjudged  to  be  lawful  Prize  and  after  deducting  and 
paying  the  Wages  the  Seamen  and  Mariners  on  board  of  such  Cap- 
tures as  are  Merchants — Ships  and  Vessels  shall  be  intitled  to  ac- 
cording to  the  Terms  of  their  Contracts  until  the  Time  of  Adjuca- 
tion  shall  be  condemned  to  and  for  the  Use  of  the  Owner  or  Owners 
and  the  officers  marines  and  mariners  of  such  armed  Vessel  accord- 
ing to  such  Rules  and  Proportions  as  they  shall  agree  on  Provided 
always  That  this  Resolution  shall  not  extend  or  be  construed  to 
extend  to  any  Vessel  bringing  Settlers  Arms  Ammunition  or  War- 
like Stores  to  and  for  the  Use  of  these  Colonies  or  any  of  the  In- 
habitants thereof  who  are  Friends  to  the  American  Cause  or  to  such 
Warlike  Stores  or  to  the  effects  of  such  Settlers. 

Resolved  That  all  Ships  or  Vessels  with  their  Tackle  Apparel  and 
Furniture  Goods  Wares  and  merchandizes  belonging  to  any  In- 
habitants of  Great-Britain  as  aforesaid  which  shall  be  taken  by  any 
of  the  Vessels  of  Wrar  of  these  united  Colonies  shall  be  deemed  for- 
feited One  Third  after  deducting  and  paying  the  wages  of  seamen 
and  marines  as  aforesaid  to  the  officers  and  men  on  board  and  Two 
Thirds  to  the  use  of  the  United  Colonies. 

Resolved  That  all  ships  or  vessels  with  their  Tackle  apparel  and 
Furniture  Goods  wares  and  merchandizes  belonging  to  any  Inhabit- 
ants of  Great-Britain  as  aforesaid  which  shall  be  taken  by  any 
Vessel  of  War  fitted  out  by  and  at  the  Expence  of  any  of  the  United 
Colonies  shall  be  deemed  forfeited  and  divided  after  deducting  and 
paying  the  Wages  of  Seamen  and  mariners  as  aforesaid  in  such 


21 

manner  and  Proportions  as  the  assembly  or  Convention  of  such 
Colony  shall  direct. 

Resolved  That  all  Vessels  their  Tackle  apparel  and  Furniture  and 
Cargoes  belonging  to  Inhabitants  of  Great-Britain  as  aforesaid  and 
all  Vessels  which  may  be  employed  in  carrying  Supplies  to  the  Min- 
isterial Armies  which  shall  happen  to  be  taken  near  the  shores  of 
these  Colonies  by  the  People  of  the  Country  or  Detachments  from 
the  Army  shall  be  deemed  lawful  Prize  and  the  Court  of  Admiralty 
within  the  said  Colony  is  required  on  Condemnation  thereof  to  ad- 
judge that  all  Charges  and  Expences  which  may  attend  the  Capture 
and  Trial  be  first  paid  out  of  the  monies  arising  from  the  Sales  of 
the  Prize  and  the  Remainder  equally  divided  among  all  those  who 
shall  have  been  actually  engaged  and  employed  in  taking  the  said 
Prize  Provided  That  where  any  Detachments  of  the  Army  shall  have 
been  employed  as  aforesaid  their  Part  of  the  Prize-money  shall  be 
distributed  among  them  in  Proportion  to  the  Pay  of  the  Officers  and 
Soldiers  so  employed 

Extract  from  the  Minutes 

Charles  Thomson  Secretary 

In  Congress  March  25,  1776 

Resolved  That  the  Convention  or  Council  of  Safety  of  South  Car- 
olina be  permitted  to  raise  and  embody  Two  other  Battalions  and 
that  they  be  on  the  Pay  and  at  the  Expence  of  the  Continent  as 
soon  as  they  shall  be  armed  fit  for  Service  and  accordingly  mus- 
tered 

Extract  from  the  minutes 

Charles  Thomson  Secretary 

In  Congress  April  6  1776 

Resolved  That  any  Goods  Wares  and  merchandize  except  Staves 
and  empty  Casks  other  than  shaken  or  knocked  down  Casks  for 
melasses  may  be  exported  from  The  Thirteen  United  Colonies  by 
the  Inhabitants  thereof  and  by  the  people  of  all  such  Countries 
as  are  not  subject  to  the  King  of  Great-Britain  to  any  Parts  of 
the  World  which  are  not  under  the  Dominion  of  the  said  King 
Provided  That  no  Vessel  be  permitted  to  export  any  greater  Num- 
ber of  Shaken  or  knocked  down  Melasses  Casks  than  the  same  Ves- 
sel is  capable  of  carrying  when  they  shall  be  filled  with  Melasses 

Resolved  That  any  Goods  Wares  and  Merchandize  except  such  as 
are  of  the  Growth  Production  or  Manufacture  of  or  brought  from 
any  Country  under  the  Dominion  of  the  King  of  Great-Britain  and 
except  East-India  Tea  may  be  imported  from  any  Parts  of  the 


22 

World  to  the  Thirteen  United  Colonies  by  the  Inhabitants  thereof 
and  by  the  People  of  all  such  Countries  as  are  not  subject  to  the 
said  King  liable  however  to  all  such  Duties  and  Impositions  as  now 
are  or  may  hereafter  be  laid  by  any  of  the  said  colonies. 

Resolved  That  nothing  herein  contained  shall  be  understood  to 
prevent  such  future  commercial  Regulations  as  shall  be  thought 
just  and  necessary  by  these  United  Colonies  or  their  respective  Leg- 
islature. 

Resolved  That  no  Slaves  be  imported  into  any  of  the  Thirteen 
United  Colonies. 

Resolved  That  it  be  recommended  to  Assemblies  and  Conventions 
in  the  several  Colonies  to  appoint  proper  Officers  at  convenient 
Places  in  their  respective  Colonies  to  take  Bonds  in  adequate  Penal- 
ties for  observing  the  Regulations  made  by  the  Congress  or  assem- 
blies or  Conventions  concerning  Trade  and  for  securing  the  Obser- 
vation of  such  Parts  of  the  Association  as  are  not  inconsistent  there- 
with and  that  the  Obligator  shall  within  Eighteen  Months  after  the 
Departure  of  the  Vessel  produce  to  such  Officers  a  Certificate  under 
the  Hands  and  Seals  of  Three  or  more  reputable  merchants  residing 
at  the  Port  or  Place  where  the  Cargo  shall  be  delivered  that  the 
same  was  there  unladed  and  take  manifests  upon  Oath  of  the  Car- 
goes exported  and  imported  and  keep  fair  Accounts  and  Entries 
thereof  give  Bills  of  Health  when  desired,  grant  Registers  shewing 
the  Property  of  the  Vessels  cleared  out  and  sign  Certificates  that  the 
Requisites  for  qualifying  Vessels  to  trade  have  been  complied  with 
and  that  the  Fees  of  the  said  officers  be  stated  by  the  respective  As- 
semblies or  Conventions  Provided  always  That  no  Prosecution  upon 
any  of  the  said  Bonds  shall  be  Commenced  but  within  Three  years 
after  the  Date  thereof. 

Resolved  That  all  Goods  Wares  and  Merchandize  except  such  as 
are  made  Prize  of  which  shall  be  imported  directly  or  indirectly  from 
Great  Britain  and  Ireland  into  any  of  these  United  Colonies  contrary 
to  the  Regulations  established  by  Congress  shall  be  forfeited  and  dis- 
posed of  agreeable  to  such  Rules  as  shall  be  made  by  the  several 
Assemblies  or  Conventions  and  shall  be  liable  to  prosecution  and 
Condemnation  in  any  Court  erected  or  to  be  erected  for  the  Deter- 
mination of  Maritime  Affairs  in  the  Colony  where  the  Seizure  shall 
be  made 

Extracts  from  the  Minutes 

Charles  Thomson  Secretary 


23 

In  Congress  April  n.  1776 

Resolved  That  it  be  recommended  to  the  several  Assemblies  Con- 
ventions and  Committees  or  Concils  of  Safety  of  the  United  Colonies 
to  use  their  best  Endeavours  in  communicating  to  Foreign  Nations 
the  Resolutions  of  Congress  relative  to  Trade 

By  Order  of  Congress 

John  Hancock  President 

In  Congress  June  18.  1776 

Whereas  the  Congress  on  the  fourth  Day  of  November  last  Re- 
solved that  for  the  Defence  of  South  Carolina  there  be  kept  up  in 
that  Colony  at  the  Continental  Expence  Three  Battalions  of  Foot 
each  Battalion  to  consist  of  the  same  Number  of  Men  and  Officers 
be  upon  the  same  Pay  and  under  the  same  Regulations  as  the  Con- 
tinental Army  And  on  the  25th  Day  of  March  last  Resolved  That 
the  Convention  or  Committee  of  Safety  of  South  Carolina  be  per- 
mitted to  raise  and  embody  Two  other  Battalions  and  they  be  on  the 
Pay  and  at  the  Expence  of  the  Continent  as  soon  as  they  shall  be 
armed  fit  for  Service  and  accordingly  mustered  And  Whereas  the 
Provincial  Congress  or  Convention  of  South  Carolina  on  the  22d 
Day  of  February  last  ordered  That  their  Council  of  Safety  return  the 
Thanks  of  that  Colony  to  trie  Continental  Congress  for  their  atten- 
tion to  its  Security  that  they  state  the  peculiar  Circumstances  and 
the  heavy  Expences  which  have  been  and  will  be  incurred  by  that 
Colony  in  the  measures  necessary  for  their  Defence  and  that  they 
request  the  Continental  Congress  to  allow  that  Colony  so  much 
money  as  the  Expences  of  Three  Battalions  upon  the  Continental 
Establishment  would  amount  to  for  One  Year  and  to  give  Con- 
tinental Rank  to  the  Officers  of  the  Three  Regiments  raised  in  June 
and  of  the  Regiment  of  Artillery  raised  in  November  from  the  Dates 
of  their  respective  Commissions  or  at  least  from  the  first  Day  of 
November  when  they  resolved  to  allow  that  Colony  Three  Battalions. 
And  whereas  the  Delegates  of  that  Colony  in  Congress  have  repre- 
sented the  peculiar  Circumstances  and  heavy  Expences  of  that 
Colony  and  that  the  Troops  in  it  were  inlisted  for  Three  Years  upon 
a  different  Establishment  of  Pay  and  under  different  Articles  of 
War  so  as  to  render  it  inconvenient  to  place  them  in  all  Respects 
upon  the  Continental  Establishment,  Therefore 

Resolved  That  the  Battalion  of  Artillery  and  the  Two  other  Bat- 
talions of  Foot  raised  in  South  Carolina  and  kept  up  in  that  Colony 
for  the  Defence  of  the  same  be  considered  as  Continental  Forces  and 


24 

allowed  the  same  Pay  Rations  and  Disbursments  as  other  Forces 
on  the  Continental  Establishment. 

That  the  Two  Battalions  under  the  Command  of  the  Colonels 
Gadsden  &  Moultrie  be  allowed  all  the  advantages  of  the  Continen- 
tal Establishment  from  the  fourth  Day  of  November  last  and  the 
Regiment  of  Artillery  from  the  Time  when  the  same  was  ordered 
to  be  raised  by  the  Provincial  Congress  or  Convention  of  South 
Carolina. 

That  the  Two  Battalions  of  Rifle-men  raised  in  and  for  the  De- 
fence of  the  said  Colony  be  considered  as  Continental  Troops  from 
the  25th  Day  of  March  last  and  be  intitled  to  all  the  Advantages  of 
the  same 

That  all  the  above  mentioned  Troops  be  liable  to  the  Articles  for 
the  Government  of  the  Forces  in  the  said  Colony 

That  the  said  Forces  be  continued  on  the  Continental  Establish- 
ment until  the  Expiration  of  their  Inlistment  unless  they  shall  be 
sooner  disbanded  by  Congress 

That  not  more  than  One  Third  of  the  effective  men  of  the  above 
mentioned  Forces  be  ordered  out  the  said  Colony  without  the  express 
Order  of  Congress  or  the  Consent  of  the  President  of  that  Colony 

Extracts*  from  the  minutes 

Charles  Thomson  Secretary 

In  Congress  June  19th  1776 

Whereas  it  is  indispensably  necessary  for  the  Good  of  the  Ser- 
vice that  the  Soldiers  of  the  United  Colonies  should  be  well  provided 
with  Blankets  &  Cloathing  Therefore 

Resolved  That  it  be  recommended  to  the  Assemblies  and  Conven- 
tions of  the  United  Colonies  forthwith  to  cause  a  suit  of  Cloaths  of 
which  the  Waistcoat  and  Breeches  may  be  of  Dear-Leather  if  to  be 
had  on  reasonable  Terms  a  Blanket,  Felt  Hat  two  Shirts  two  pair  of 
Hose  and  Two  Pair  of  Shoes  to  be  Manufactured  or  otherwise  pro- 
cured at  reasonable  Rates  in  their  respective  Colonies  for  each  Sol- 
dier of  the  American  Army  inlisted  therein  for  the  present  Cam- 
paign and  that  the  same  be  baled  invoiced  and  stored  in  suitable 
Places  to  be  delivered  to  the  Order  of  Congress  or  the  Commander 
in  Chief  of  the  American  Army 

That  sufficient  Sums  of  Money  be  granted  to  the  Assemblies 
and  Conventions  aforesaid  on  applying  for  the  same  to  enable  them 
to  discharge  the  Demands  arising  from  the  Purchase  of  the  articles 
aforesaid 


25 

That  the  Commander  in  Chief  of  the  American  Army  be  im- 
powered  to  draw  on  the  said  Assemblies  and  Conventions  for  such 
Articles  of  Cloathing  aforesaid  as  he  shall  from  Time  to  Time  judge 
necessary  and  that  the  Cost  thereof  be  deducted  from  the  Pay  of  the 
soldiers  who  shall  receive  the  same  by  the  proper  Officer  for  ex- 
amining and  discharging  the  accounts  and  Pay-Rolls  of  the  Respect- 
ive Regiments 

June  24 

Resolved  That  all  Persons  abiding  within  any  of  the  United  Colo- 
nies and  deriving  Protection  from  the  Laws  of  the  same  owe  Alle- 
giance to  the  said  Laws  and  are  Members  of  such  Colony  And  that 
all  Persons  passing  through  visiting  or  making  a  temporary  stay  in 
any  of  the  said  Colonies  being  intitled  to  the  Protection  of  the  Laws 
during  the  Time  of  such  Passage  Visitation  or  temporary  Stay  owe 
during  the  same  Time  Allegiance  thereto. 

That  all  Persons  Members  of,  or  owing  allegiance  to  any  of  the 
United  Colonies  as  before  described  who  shall  levy  War  against  any 
of  the  said  Colonies  within  the  same  or  be  adherent  to  the  King  of 
Great-Britain  or  others  the  Enemies  of  the  said  Colonies  or  any  of 
them  within  the  same  giving  to  him  or  them  Aid  and  Comfort  are 
guilty  of  Treason  against  such  Colony. 

That  it  be  recommended  to  the  Legislatures  of  the  several  United 
Colonies  to  pass  Laws  for  punishing  in  such  manner  as  to  them  shall 
seem  fit  such  Persons  before  described  as  shall  be  proveable  attainted 
of  open  Deed  by  v  People  of  their  Condition  of  any  of  the  Treasons 
before  described 

That  it  be  recommended  to  the  Legislatures  of  the  several  United 
Colonies  to  pass  Laws  for  punishing  in  such  Manner  as  they  shall 
think  fit  Persons  who  shall  counterfeit  or  aid  or  abet  in  counterfeit- 
ing the  Continental  Bills  of  Credit  or  who  shall  pass  any  such  Bill 
in  Payment  knowing  the  same  to  be  counterfeit. 

June  26 

Resolved  That  a  Bounty  of  Ten  Dollars  be  given  to  every  non 
commissioned  Officer  and  Soldier  who  shall  inlist  to  serve  for  the 
Term  of  Three  Years 

Extract  from  the  Minutes 

Charles  Thomson  Secretary 


26 

In  Congress  July  4  1776 

A  Declaration 

By  the  Representatives  of  the  United  States  of  America  in  Gen- 
eral Congress  assembled. 

When  in  the  Course  of  Human  Events  it  becomes  necessary  for 
one  People  t6  dissolve  the  political  Bands  which  have  connected 
them  with  another  and  to  assume  among  the  Powers  of  the  Earth 
the  Seperate  and  equal  Station  to  which  the  Laws  of  nature  and 
of  natures  God  intitle  them,  a  decent  Respect  to  the  Opinions  of 
mankind  requires  that  they  should  declare  the  Causes  which  impel 
them  to  the  Seperation. 

We  hold  these  Truths  to  be  self  evident  that  all  men  are  created 
equal,  that  they  are  endowed  by  their  Creator  with  certain  unalien- 
able  Rights  that  among  these  are  Life,  Liberty  and  the  Pursuit  of 
Happiness — That  to  secure  these  Rights,  Governments  are  instituted 
among  men  deriving  their  just  Powers  from  the  Consent  of  the 
Governed,  that  whenever  any  Form  of  Government  becomes  distruct- 
ive  of  these  Ends  it  is  the  Right  of  the  People  to  alter  or  abolish  it 
and  to  institute  new  Government  laying  its  Foundation  on  such 
Principles  and  organizing  its  Powers  in  such  Form  as  to  them  shall 
seem  most  likely  to  effect  their  safety  and  Happiness.  Prudence 
indeed  will  dictate  that  Governments  long  established  should  not  be 
changed  for  light  and  transient  Causes  and  accordingly  all  Expe- 
rience hath  shewn  that  mankind  are  more  disposed  to  suffer  while 
Evils  are  sufferable  than  to  right  themselves  by  abolishing  the  the 
Forms  to  which  they  are  accustomed  But  when  a  long  Train  of 
Abuses  and  Usurpations  pursuing  invariably  the  same  Object  evinces 
a  Design  to  reduce  them  under  absolute  Despotism  it  is  their  Right, 
it  is  their  Duty  to  throw  off  such  Government  and  to  provide  new 
Guards  for  their  future  Security;  The  History  of  the  present  King 
of  Great-Britain  is  a  History  of  repeated  Injuries,  and  Usurpations, 
all  having  in  direct  Object  the  Establishment  of  an  absolute  Tyranny 
over  these  States ;  To  prove  this  let  Facts  be  submitted  to  a  candid 
World, 

He  has  refused  his  assent  to  Laws  the  most  wholesome  and  neces- 
sary for  the  Public  Good ; 

He  has  forbidden  his  Governors  to  pass  Laws  of  immediate  and 
pressing  Importance  unless  suspended  in  their  Operation  till  his 
assent  should  be  obtained  and  when  so  suspended  he  has  utterly  neg- 
lected to  attend  to  them 


27 

He  has  refused  to  pass  other  Laws  for  the  accommodation  of  large 
Districts  of  People  unless  those  People  would  relinquish  the  Right 
of  Representation  in  the  Legislature  a  Right  inestimable  to  them  and 
formidable  to  Tyrants  only 

He  has  called  together  Legislative  Bodies  at  Places  unusual  un- 
comfortable and  distant  from  the  Depository  of  their  Public  Records 
for  the  sole  Purpose  of  fatiguing  them  into  Compliance  with  his 
measures 

He  has  dissolved  Representative  Houses  repeatedly  for  opposing 
with  manly  Firmness  his  Invasions  on  the  Rights  of  the  People 

He  has  refused  for  a  long  Time  after  such  Disolutions  to  cause 
others  to  be  elected  whereby  the  Legislative  Powers  incapable  of 
annihilation  have  returned  to  the  People  at  large  for  their  Exercise 
the  State  remaining  in  the  mean  Time  exposed  to  all  the  Dangers  of 
Invasion  from  without  and  convulsions  within 

He  has  endeavoured  to  prevent  the  Population  of  these  States  for 
that  Purpose  obstructing  the  Laws  for  naturalization  of  Foreigners 
refusing  to  pass  others  to  encourage  their  migrations  hither  and 
raising  the  Conditions  of  new  appropriations  of  Lands 

He  has  obstructed  the  Administration  of  Justice  by  refusing  his 
assent  to  Laws  for  establishing  Judiciary  Powers 

He  has  made  Judges  dependent  on  his  Will  alone  for  the  Tenure 
of  their  Offices  and  the  amount  and  Payment  of  their  Salaries 

He  has  erected  a  multitude  of  new  Officers  and  sent  hither  Swarms 
of  Officers  to  harrass  our  People  and  eat  out  their  Substance 

He  has  kept  among  us  in  Time  of  Peace  Standing  Armies  without 
the  Consent  of  our  Legislatures 

He  has  effected  to  render  the  military  independent  of  and  superior 
to  the  Civil  Power 

He  has  combined  with  others  to  subject  us  to  a  Jurisdiction  foreign 
to  our  Constitution  and  unacknowledged  by  our  Laws  giving  his 
assent  to  their  Acts  of  pretended  Legislation 

For  quartering  large  Bodies  of  armed  Troops  among  us 

For  protecting  them  by  a  mock  Trial  from  Punishment  for  any 
Murders  which  they  shall  commit  on  the  Inhabitants  of  these  States 

For  cutting  off  our  Trade  with  all  Parts  of  the  World 

For  imposing  Taxes  on  us  without  our  Consent 

For  depriving  us  in  many  Cases  of  the  Benefits  of  Trial  by  Jury 

For  Transporting  us  beyond  Seas  to  be  tried  for  pretended 
Offences 


28 

For  abolishing  the  free  system  of  English  Laws  in  a  neighbouring 
Province  establishing  therein  an  arbitrary  Government  and  enlarg- 
ing its  Boundaries  so  as  to  render  it  at  once  an  Example  and  fit 
Instrument  for  introducing  the  same  absolute  Rule  into  these  Colo- 
nies 

For  taking  away  our  Charters  abolishing  our  most  valuable  Laws 
and  altering  fundamentally  the  Forms  of  our  Governments 

For  suspending  our  own  Legislatures  and  declaring  themselves 
invested  with  Power  to  legislate  for  us  in  all  cases  whatsoever 

He  has  abdicated  Government  here  by  declaring  us  out  of  his 
Protection  and  waging  War  against  us 

He  has  plundered  our  Seas  ravaged  our  Coasts  burnt  our  Towns 
and  destroyed  the  Lives  of  our  People 

He  is  at  this  Time  transporting  large  Armies  of  Foreign  mer- 
cenaries to  complete  the  Works  of  Death  Desolation  and  Tyranny 
already  begun  with  Circumstances  of  Cruelty  and  Perfidy  scarcely 
paralleled  in  the  most  barbarous  Ages  and  totally  unworthy  the 
Head  of  a  civilized  nation 

He  has  constrained  our  Fellow-Citizens  taken  Captive  on  the  High 
Seas  to  bear  Arms  against  their  Country  to  become  the  Executioners 
of  their  Friends  and  Brethren  or  to  fall  themselves  by  their  Hands 

He  has  excited  Domestic  Insurrections  amongst  us  and  has  en- 
deavoured to  bring  on  the  Inhabitants  of  our  Frontiers  the  merciless 
Indian  Savages  whose  known  Rule  of  warfare  is  an  undistinguished 
Destruction  of  all  Ages  Sexes  and  Conditions 

In  every  stage  of  these  Oppressions  we  have  petitioned  for  Redress 
in  the  most  humble  Terms  Our  repeated  Petitions  have  been  an- 
swered only  by  repeated  Injury  A  Prince  whose  Character  is  thus 
marked  by  every  act  which  may  define  a  Tyrant  is  unfit  to  be  the 
Ruler  of  a  free  People 

Nor  have  we  been  wanting  in  attentions  to  our  British  Brethren 
We  have  warned  them  from  Time  to  Time  of  attempts  by  their 
Legislature  to  extend  an  unwarrantable  Jurisdiction  over  us  We 
have  reminded  them  of  the  Circumstances  of  our  Emigration  and 
settlement  here  We  have  appealed  to  their  native  Justice  and  mag- 
nanimity and  we  have  conjured  them  by  the  Ties  of  our  common 
Kindred  to  disavow  these  usurpations  which  would  inevitably  inter- 
rupt our  Connections  and  Correspondence  They  too  have  been  deaf 
to  the  Voice  of  Justice  and  Consanguinity  \Ve  must  therefore 
acquiesce  in  the  necessity  which  denounces  our  Seperation  and  hold 


29 

them  as  we  do  the  Rest  of  mankind  Enemies  in  War,  in  Peace 
Friends 

We  therefore  the  Representatives  of  the  United  States  of  America 
in  General  Congress  assembled  appealing  to  the  Supreme  Judge  of 
the  World  for  the  Rectitude  of  our  Intentions  Do  in  the  name  and 
by  the  authority  of  the  Good  People  of  the  Colonies  solemnly  publish 
and  Declare  that  these  United  Colonies  are  and  of  Right  ought  to  be 
Free  and  Independent  States  that  they  are  absolved  from  all  alle- 
giance to  the  British  Crown  and  that  all  political  Connection  be- 
tween them  and  the  state  of  Great-Britain  is  and  ought  to  be  totally 
dissolved  and  that  as  Free  and  Independent  States  they  have  full 
Power  to  levy  War,  conclude  Peace,  contract  Alliances,  establish 
Commerce,  and  to  do  all  other  Acts  and  Things  which  Independent 
States  may  of  Right  do  And  for  the  Support  of  this  Declaration  with 
a  firm  Reliance  on  the  Protection  of  Divine  Providence  we  mutually 
pledge  to  each  other  our  Lives,  our  Fortunes  and  our  sacred  Honour. 
Signed  by  Order  and  in  Behalf  of  the  Congress 

John  Hancock  President 
attest 
Charles  Thomson  Secretary 

In  Congress  July  4  1776 

Ordered  That  the  Declaration  be  authenticated  and  printed  That 
the  Committee  who  brought  in  the  Declaration  be  ordered  to  correct 
the  Press 

That  Copies  of  the  Declaration  be  sent  to  the  several  assemblies 
Conventions  and  Councils  of  Safety  and  to  the  several  Commanding 
officers  of  the  Continental  Troops  That  it  be  proclaimed  in  each  of 
the  United  States  and  at  the  Head  of  the  Army 

Julys 

Resolved  That  a  Chaplain  be  appointed  to  each  Regiment  in  the 
Continental  Army  and  that  their  allowance  be  increased  to  Thirty- 
three  Dollars  and  one  Third  of  a  Dollar  a  month 

Extracts  from  the  minutes 

Charles  Thomson  Secretary 

Letter  from  the  Delegates  of  this  State  in  the  Continental 
Congress  to  His  Excellency  the  President  dated  Philadelphia 
25  July  1776 
Sir 

Immediately  upon  the  Receipt  of  your  Letter  we  applied  to 
Congress  for  Permission  to  order  the  East  India  Tea  now  in  your 
Stores  to  be  sold  and  to  direct  the  Produce  thereof  to  be  carried  into 


3° 

the  Colony  Treasury  to  be  appropriated  in  such  manner  as  your 
Assembly  should  judge  right  In  Consequence  of  this  Application  a 
Debate  of  some  Length  ensued  in  which  the  House  indicated  a 
strong  Inclination  to  lay  their  Hands  upon  the  Profits  which  should 
arise  from  the  Sale  either  for  the  Use  of  the  Continent  at  large  or 
to  be  carried  into  a  Fund  to  reimburse  those  Colonies  whose  Prop- 
erty should  be  seized  in  England  There  appeared  neither  Reason  nor 
Justice  in  these  measures  and  we  endeavored  to  obviate  the  Objec- 
tions which  were  made  to  the  Application  and  to  answer  the  argu- 
ments which  had  been  advanced  against  it 

We  observed  That  this  Property  should  be  looked  upon  as  be- 
longing to  the  King  of  Great-Britain  and  not  to  the  East-India  Com- 
pany as  the  latter  had  been  divested  of  it  both  by  the  Seizure  which 
the  Custom-House  officers  had  made  of  it  and  by  the  indemnification 
of  the  Parliament — that  the  Congress  had  therefore  no  more  Right 
to  apply  this  Tea  to  the  use  of  the  Continent  at  large  than  they  had 
to  dispose  of  the  Cannon  in  our  Forts  or  the  Crown  Lands  within 
the  Limits  of  the  Colony — But  that  if  it  was  the  East-India  Com- 
pany's Property  they  had  occasioned  such  an  Expence  to  the  State 
of  Carolina  as  to  justify  them  fully  in  the  seizures — That  it  would 
be  repugnent  to  the  Principles  of  Justice  to  insist  that  this  Tea 
should  be  sold  for  the  Benefit  of  those  whose  Property  had  been  or 
might  be  seized  in  England  in  Exclusion  of  those  whose  Property 
had  been  seized  in  America  and  that  it  would  be  impracticable  to 
bring  every  species  of  Loss  into  one  common  account 

That  the  Seizure  of  Property  had  been  a  common  misfortune  of 
which  as  well  as  of  public  Expences  we  have  had  our  full  Propor- 
tion and  that  therefore  it  would  be  injurious  to  our  -state  not  to  be 
permitted  to  make  use  of  the  advantage  in  this  Instance  which  the 
Possession  of  the  Tea  had  given — It  was  confessed  that  we  had  a 
Right  to  sell  it  if  we  chose  and  apply  the  Profits  as  we  pleased  But 
as  we  had  asked  the  opinion  of  the  House  upon  the  Subject  we 
should  now  be  governed  by  the  Disposition  which  they  should  think 
proper  to  make  and  that  they  should  take  Time  to  consider  of  it — 
The  Delegates  being  by  this  Time  fully  convinced  that  there  were 
many  in  the  House  who  wished  to  dispose  of  it  in  a  manner  inju- 
rious to  the  Interest  and  Right  of  our  State  agreed  to  withdraw  the 
motion  for  which  they  obtained  the  Leave  of  Congress  and  we  now 
with  one  voice  advise  you  to  recommend  to  your  assembly  imme- 
diately to  sell  the  same  and  apply  the  Profits  thereof  to  Colonial 
Purposes,  Indeed  we  were  not  a  little  surpized  at  your  requesting  us 


to  lay  the  same  before  Congress  and  we  hope  that  you  will  determine 
for  yourselves  in  future  in  all  Cases  where  the  Concern  is  of  a 
Provincial  and  not  of  a  Continental  nature  we  are  with  Regard 

Your  Excellency's 

most  obed*  hum1  Servts 
Thomas  Lynch 
Edward  Rutledge 
Arthur  Middleton 
Thomas  Heyward  Junior 
Thomas  Lynch  Junior 
Philadelphia  July  24th.  1776 
Sir 

The  Congress  being  of  Opinion  that  the  Service  of  the  United 
States  will  be  promoted  by  taking  into  Pay  a  number  of  Troops  in 
the  State  of  South-Carolina  who  are  to  act  either  as  Infantry  or 
Light  Horse  as  Occasion  may  require  have  come  to  the  inclosed 
Resolves  which  I  do  my  self  the  Honour  of  transmitting  in  Obedience 
to  their  Commands 

In  Consideration  that  these  Troops  will  go  thro'  more  than  ordi- 
nary Duty  and  be  put  to  greater  Expence  than  others  the  Congress 
have  augmented  their  Pay  in  Proportion 

I  have  delivered  blank  Commissions  to  the  Delegates  of  your 
State  with  most  hearty  and  sincere  wishes  for  your  Health  and  Hap- 
piness and  the  Prosperity  of  the  State  over  which  you  preside  I  have 
the  Honour  to  be  with  great  Respect 

Your  most  obed.  &  very  hum1  Serv1. 

John  Hancock  President 
The  Honble.  John  Rutledge  Esqr 

Governor  of  South  Carolina 
In  Congress  July  24,  1776 

Resolved  That  the  Regiment  of  Rangers  now  in  the  Pay  of  the 
State  of  South  Carolina  be  placed  upon  Continental  Establishment 
and  that  it  consist  of  a  Lieutenant-Colonel  Commandant,  a  Major, 
Ten  Captains,  Twenty  Lieutenants  a  Surgeon  a  Pay  master  Twenty 
Sergeants  and  Five  Hundred  Privates 

That  the  Pay  of  the  Lieutenant-Colonel  Commandant  be  the  same 
as  a  Colonel  of  Foot  a  Major  that  of  a  Lieutenant  Colonel  a  Captain 
that  of  a  Major  and  the  Lieutants  that  of  a  Captain  and  Sergeants 
that  of  Ensigns  of  Foot  of  the  Continental  Forces — That  the  Sur- 
geon be  allowed  Thirty  Three  and  one  Third  Dollars  per  month  the 
Paymaster  Twenty  six  and  Two  Thirds  and  the  Privates  Twelve 


32 

and  an  Half  Dollars  per  Month  to  provide  themselves  with  Horses 
Guns  and  Provisions  for  themselves  and  Horses 

That  the  said  Rangers  be  liable  to  act  on  Horseback  or  Foot  as 
Occasion  may  require 

That  the  like  number  of  Rangers  be  raised  in  the  State  of  Georgia 
and  put  upon  Continental  Establishment 

That  these  be  intitled  to  the  same  Pay  and  subject  to  the  same 
Duties  as  the  Carolina  Rangers 

That  the  Rangers  raised  in  the  State  of  South  Carolina  be  subject 
to  the  Articles  formed  by  the  Convention  of  that  State  for  the  Gov- 
ernment of  the  Forces  raised  therein 

By  Order  of  Congress 

John  Hancock  President 

In  Congress  July  24  1776 

Resolved  That  all  the  Resolutions  of  this  Congress  passed  on  the 
23d  Day  of  April  last  relating  to  Ships  and  other  Vessels  their 
Tackle  Apparel  and  Furniture  and  all  Goods  Wares  and  Merchan- 
dize belonging  to  any  Inhabitant  or  Inhabitants  of  Great-Britain 
taken  on  the  High  Seas  or  between  high  and  low  water  mark  be 
extended  to  all  ships  and  other  Vessels  their  Tackle  Apparel  and 
Furniture  and  all  Goods  Ware  and  Merchandize  belonging  to  any 
subject  or  Subjects  of  the  said  King  except  the  Inhabitants  of  the 
Bermudas  and  Providence  or  Bahama  Islands 

By  Order  of  Congress 

John  Hancock  President 

The  House  thereupon  came  to  the  following  Resolutions  to  wit 

Resolved  That  this  House  do  acquiesce  in  the  Resolves  of  the 
Continental  Congress  of  the  i8th  of  June  and  24th  of  July.  1776 
relating  to  the  putting  the  Two  Regiments  of  Infantry  the  Regiment 
of  Rangers  the  Regiment  of  Artillery  and  the  Two  Regiments  of 
Riflemen  in  the  service  of  this  State  on  the  Continental  Establish- 
ment 

Resolved  That  this  House  will  Defray  the  Expence  between  the 
Continental  Bounty  Cloathing  and  Pay  and  the  Bounty  Cloathing 
and  Pay  allowed  to  those  Regiments  respectively  by  the  Acts  of  this 
State 

Ordered  That  a  Copy  of  the  above  Resolves  be  sent  to  the  Legis- 
lative Council  for  their  Concurrence  and  to  the  President  for  his 
assent 

Ordered  That  Colonel  Pinckney  and  Mr.  Thomas  Middleton 
Junior  do  attend  the  Legislative  Council  with  the  said  Message 


33 

Ordered  That  an  Ordinance  be  brought  in  for  making  the  Pro- 
visions aforesaid  and  for  settling  the  manner  of  ordering  General 
Courts-martial  And  that  Colonel  Pinckney  Colonel  Motte  and  Cap- 
tain Scott  do  prepare  and  bring  in  the  same 

Ordered  That  Leave  be  given  to  bring  in  an  Ordinance  for  ap- 
pointing Commissioners  to  sell  the  Tea  now  in  the  Cellars  under  the 
Exchange  and  to  Lodge  the  money  arising  from  such  Sale  in  the 
Treasury  of  the  State  And  that  Colonel  Pir^ckney  Mr.  Attorney  Gen- 
eral and  Mr.  Ward  do  prepare  and  bring  in  the  same 

Ordered  That  Leave  be  given  to  bring  in  a  Bill  pursuant  to  the 
Resolution  and  Recommendation  of  the  Continental  Congress  of 
the  1 4th  of  March  1776  for  disarming  all  Persons  notoriously  dis- 
affected to  the  Cause  of  America  or  who  have  not  associated  and 
shall  refuse  to  associate  to  defend  by  Arms  these  United  Colonies 
against  the  hostile  attempts  of  the  British  Fleets  and  Armies  and  to 
dispose  of  such  arms  And  that  Mr.  Ward  Mr  Stobo  and  Mr  Ralph 
Izard  do  prepare  and  bring  in  the  same 

Resolved  That  a  Committee  be  appointed  to  revise  the  present 
Militia  Law  and  to  bring  in  a  Bill  for  the  better  Regulation  of  the 
Militia 

Ordered  That  Colonel  Gervais  Major  Hicks  Colonel  Pinckney  Mr 
Attorney-General  Captain  Vanderhorst  Captain  Roger  Smith  Cap- 
tain Forgartie  Captain  Stone  Captain  Benjamin  Waring  Captain 
Withers  Captain  William  Skirving  Captain  Eveleigh  Captain  Leger 
Captain  De  Saussure  Honourable  Mr.  Justice  Mathews  Mr.  Philip 
Smith  and  Mr  Cantey  be  a  committee  for  the  above  Purposes 

Colonel  Gervais  reported  That  Mr.  Izard  and  himself  had  waited 
on  the  President  and  delivered  the  message  they  had  in  Charge  And 
that  His  Excellency  was  pleased  to  say  he  would  receive  this  House 
to  present  their  Address  in  the  Council-Chamber  To-morrow  morn- 
ing ten  of  the  Clock 

And  then  the  House  adjourned  till  To-morrow  morning  nine  of 
the  Clock 

Saturday  the  2ist  Day  of  September.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  Yesterday's  proceedings 

Colonel  Garden  Mr.  William  Moore  Mr.  John  Williams  and  Mr 
Anthony  White  took  the  Oath  prescribed  by  the  Constitution  and 
their  seats  as  members  of  this  House 

A  Petition  of  Edward  Fenwicke  Esquire  was  presented  to  the 
House  and  read  in  the  words  following 

3— H.  c. 


34 

That  John  Stuart  Esquire  late  of  this  State  by  Letter  dated  the  23d 
Day  of  December  1775  did  direct  his  attorney  Robert  Balingall  to 
remove  Twenty  of  such  negroes  from  his  Plantation  at  Maple-Cane 
to  plant  on  your  Petitioners  Lands  at  Ashepoo  as  he  the  said  Mr 
Balingall  should  judge  best  and  did  also  direct  Mr  Charles  Shaw  by 
a  Letter  of  the  same  Date  to  put  your  Petitioner  in  Possession  of 
Ten  more  Negroes  from  the  Plantation  on  Lady's  Island — That  the 
said  Mr  Stuart  by  a  Letter  at  the  same  Time  to  your  Petitioner  ac- 
quainting him  therewith  and  that  he  intended  them  as  a  Part  of  the 
Portion  he  meant  to  give  your  Petitioner  with  his  Daughter  That 
these  Letters  lay  a  considerable  Time  in  the  Post-office  at  Georgia 
and  never  came  to  Hand  till  some  Time  in  may  last  previous  to 
which  the  then  Colonial  Congress  had  appointed  certain  Committees 
to  possess  themselves  of  all  the  said  Mr  Stuart's  Estate  who  had  ac- 
cordingly done  it  and  removed  Messrs  Balingall  and  Shaw  from  the 
'Possession  thereof  so  that  they  have  been  hitherto  unable  to  comply 
with  Mr  Stuarts  Orders.  Your  Petitioner  therefore  humbly  hopes 
that  your  Honourable  House  will  be  pleased  to  take  his  case  into  your 
Consideration  and  issue  your  Order  to  those  Committees  command- 
ing them  to  permit  the  said  Mr.  Balingall  to  put  your  Petitioner  in 
Possession  of  Twenty  negroes  from  the  Maple-Cane  Plantation  and 
Mr.  Shaw  to  deliver  to  your  Petitioner  Ten  Negroes  from  the 
Plantation  on  Lady's  Island. 

Your  Petitioner  further  shews  unto  your  Honourable  House  that 
the  several  attachments  have  been  sued  against  the  said  Mr.  Stuart's 
Estate  and  many  of  his  negroes  seized  and  sold  by  the  sheriff  of 
Charles  Town  District  in  consequence  thereof,  That  your  Peti- 
tioner is  advised  that  the  Crops  of  the  said  Mr  Stuart  are  legally  as 
much  liable  to  be  attached  and  sold  as  any  other  Part  of  his  Estate 
and  as  they  are  of  a  perishable  nature  your  Petitioner  therefore  also 
prays  that  your  Honourable  House  would  be  pleased  to  issue  further 
orders  to  the  respective  committees  commanding  them  to  restore 
the  said  crops  to  your  Petitioner  in  order  that  they  in  the  first 
Instance  may  be  sold  for  Payment  of  the  Debts  already  sued  for 

Oidered  That  the  said  Petition  be  referred  to  the  Consideration  of 
a  Committee  And  that  they  do  examine  the  matter  thereof  and  report 
the  same  as  it  shall  appear  to  them  to  the  House 

And  it  is  referred  to  the  Honourable  Mr.  Lowndes  Mr.  Cantey  and 
Captain  Trapier 


35 

Message  from  the  President  by  the  Clerk  of  the  Legislative  Coun- 
cil 

Mr.  Speaker 

The  President  is  now  in  the  Council  Chamber  ready  to  receive 
the  House  with  their  Address 

And  then  the  messenger  withdrew 

Ordered  That  Mr  Speaker  do  sign  the  ingrossed  Address  to  be 
presented  to  the  President 

Then  Mr  Speaker  with  the  House  attended  His  Excellency  in  the 
Council  Chamber 

And  being  returned 

Mr  Speaker  reported  That  he  with  the  House  having  attended  the 
President  in  the  Council  Chamber  with  their  address  in  answer  to 
his  speech  His  Excellency  had  been  pleased  to  reply  in  the  following 
words 

Mr.  Speaker  and  Gentlemen 

This  most  honourable  Reward  cannot  fail  to  make  the  deepest 
Impression  upon  generous  minds — it  will  increase  the  laudable  Am- 
bition of  those  on  whom  it  is  conferred  and  excite  others  to  emulate 
that  Fame  which  they  have  acquired 

May  the  happiest  consequences  be  derived  to  the  United  States 
from  the  Independence  of  America  who  could  not  obtain  even  Peace 
Liberty  and  safety  by  any  other  means 

Your  Disposition  and  assurances  afford  a  confident  Expectation 
That  this  Session  will  be  usefully  employed 

John  Rutledge 

21  September.  1776 

Ordered  That  His  Excellency's  Speech  delivered  to  both  Houses 
the  address  of  this  House  in  answer  thereto  and  His  Excellency's 
Reply  be  forthwith  printed  and  made  Public 

Message  to  the  President 

May  it  please  your  Excellency, 

This  House  being  informed  That  a  number  of  waggons  laden 
with  woolens  and  other  merchandize  the  Property  of  John  Mitchell  of 
Meldrum  in  the  Parish  of  St  David  are  now  on  their  way  from  Phil- 
adelphia to  this  State  having  the  Infection  of  the  small-Pox  among 
some  of  the  Drivers  or  Passengers  request  that  your  Excellency  will 
be  pleased  to  give  immediate  Directions  to  the  District  Committee  of 
the  said  Parish  to  take  every  necessary  Precaution  and  use  every 
means  in  their  Power  to  prevent  the  Infection  from  spreading  by 
causing  all  Persons  and  merchandize  infected  therewith  to  be  carried 


36 

to  some  distant  Place  from  the  Settlements  and  to  place  a  proper 
Guard  thereon  till  such  Time  as  they  shall  be  fully  satisfied  that  no 
Infection  remains  or  to  pursue  any  other  mode  that  they  shall  think 
most  proper. 

That  your  Excellency  may  see  the  necessity  for  pursuing  the  above 
measures  we  herewith  send  you  a  copy  of  the  Report  as  agreed  to  by 
the  House  in  Consequence  of  the  foregoing  Information. 

Ordered  That  the  message  be  ingrossed  and  that  Mr.  Speaker  do 
sign  the  same 

Ordered  That  Mr  Pegues  and  Major  Hicks  do  carry  the  message 
to  the  President 

Message  from  the  President  by  the  Qerk  of  the  Legislative  Coun- 
cil. 

Mr.  Speaker  and  Gentlemen, 

On  considering  Captain  Lamprieres  Letter  herewith  sent  and 
other  Representations  respecting  the  Ship  Prosper  it  was  thought 
expedient  at  the  Time  of  the  late  Invasion  to  apply  her  Guns  to  the 
uset>f  some  of  the  Batteries  and  put  her  out  of  the  way  of  Danger. 

In  my  Opinion  it  will  be  most  for  the  Public  Advantage  to  sell 
her  or  employ  her  in  Trade,  but  I  think  my  self  not  authorized  to  do 
so  you  will  therefore  Judge  in  what  manner  it  will  be  best  to  dispose 
of  her 

The  appointing  Commissioners  to  superintend  the  naval  affairs 
of  this  State  would  I  hope  place  them  upon  a  better  Footing  than 
the  present — I  therefore  recommend  it  as  a  matter  worthy  of  your 
attention 

John  Rutledge 

21  September.  1776 

Read  Captain  Lamprieres  Letter  which  accompanied  the  message 
dated  the  28th  May  last — which  Letter  is  preserved  among  the 
Papers  of  the  present  Sessions 

upon  motion 

Resolved 

That  a  Committee  be  appointed  to  examine  the  Public  Treasury 
accounts  and  report  to  the  House  an  exact  and  circumstantial  account 
of  the  State  of  the  Treasury  what  sums  have  been  issued  and  for 
what  particular  services  arranging  under  distinct  Heads  the  particu- 
lar Services  for  which  the  monies  have  been  expended 

Ordered  That  Mr.  Neufville  the  Honourable  Mr.  Edwards  Mr. 
Josiah  Smith  Junior  Captain  Roger  Smith  Mr.  Corbett  Mr.  Jones  and 
Mr.  Webb  be  a  Committee  for  the  above  Purpose 


37 

Colonel  Pinckney  presented  to  the  House  according  to  Order  an 
Ordinance  for  appointing  commissioners  for  selling  certain  East 
India  Teas  imported  into  this  State  from  Great  Britain  and  for  ap- 
plying the  monies  arising  therefrom  to  the  use  of  the  said  State  And 
the  same  was  received  and  read  the  First  Time 

Resolved  That  the  Ordinance  be  read  a  a  Second  Time 

And  the  same  being  read  accordingly 

Ordered  That  the  Ordinance  be  sent  to  the  Legislative  Council 

Ordered  That  the  Honourable  Mr.  Justice  Matthewes  and  Mr. 
Middleton  do  carry  the  same  to  the  Legislative  Council 

The  House  being  informed  That  Captain  Joseph  Turpin  Com- 
mander of  the  armed  Brigantine  Comet  belonging  to  this  State  is 
absent  and  gone  to  Georgia  without  Leave 

Ordered  That  Captain  Turpins  Letter  of  the  i6th  Instant  ad- 
dressed to  this  House  laid  before  them  on  the  i/th  Instant  and  then 
ordered  to  lie  on  the  Table  be  now  read 

And  the  same  being  read  accordingly  is  as  followeth 

Honourable  Gentlemen 

Having  had  the  Honour  to  serve  in  your  navy  with  some  Repu- 
tation— think  it  my  Duty  to  acquaint  you  before  I  quit  that  Service 
with  my  Reasons  for  so  doing — 

The  Navy  of  England  have  ever  been  invincible  from  no  other 
Cause  than  the  great  Encouragement  they  give  their  Officers  and 
People  and  the  wise  and  honourable  Footing  they  are  set  on. 

All  Prizes  taken  from  their  Enemies  are  divided  into  Eighths  in 
the  following  manner. 

Three  Eights  to  the  Captain 

One  to  the  Lieutenants  master  and  Officers  of  Marines,  if  a 
Captain 

One  to  the  warranted  Officers 

One  to  the  Petty  Officers 

And  Two  to  the  men  before  fhe  mast 

One  of  these  Two  Eighths  George  the  Second  gave  to  the  Seamen 
in  the  year  Forty,  as  an  Encouragement 

All  Ships  of  War  either  King's  Ships  or  Privateers  taken  from 
the  Enemy  or  destroyed  the  King  allows  Ten  Pounds  for  each  man 
and  Ten  Pounds  for  each  Gun  the  Enemy,  had  on  Board 

Captains  of  the  Navy  serving  under  an  Admiral  gives  up  one  of 
his  Three  Eighths  to  that  Officer  no  other  Deductions  are  made 
whatever 


38 

As  to  Rank — all  Post-Captains  rank  with  Colonels  of  Horse  or 
Foot  in  the  Land  Service  Commanders  who  have  not  taken  Post 
with  Majors  and  the  Lieutenants  of  the  Fleet  with  Captains  of  the 
Army 

To  conclude — I  humbly  offer  this  Plan  for  your  Perusal  and  on 
those  Terms  shall  be  ready  and  proud  of  the  Honour  to  serve  you 
And  am  Honouarable  Gentlemen 

Your  most  obedient  & 

most  humble  Servant 

Joseph  Turpin 
Charles  Town  South  Carolina 

1 6th  September,  1776 

Resolved  That  this  House  will  on  Monday  next  ballot  for  another 
Commander  of  the  Brigantine  Comet 

upon  motion 

Resolved  That  llie  armed  Ship  Prosper  belonging  to  this  State 
be  sold  and  that  the  monies  to  arise  from  such  sale  be  deposited  in 
the  Public  Treasury 

Ordered  That  a  Copy  of  the  above  Resolve  be  sent  to  the  Legis- 
lative Council  for  their  Concurrence 

Ordered  That  the  Honourable  Mr  Justice  Matthews  and  Mr. 
Middleton  do  carry  the  Resolve  to  the  Legislative  Council 

Ordered  That  a  message  be  sent  to  the  President  requesting  that 
His  Excellency  will  be  pleased  to  give  directions  for  the  sale  of  the 
ship  Prosper  her  apparel  and  Furniture 

Message  to  the  President 

May  please  your  Excellency 

This  House  having  resolved  That  the  armed  ship  Prosper  be- 
longing to  this  State  with  her  apparel  and  Furniture  be  sold  and  the 
money  arising  by  such  Sale  lodged  in  the  Treasury  request  that  your 
Excellency  will  be  pleased  to  give  Directions  accordingly 

Ordered  That  the  message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Ordered  That  the  Honourable  Mr.  Edwards  and  Mr  Chiffelle  do 
wait  on  His  Excellency  with  the  said  message 

Mr.  Pegues  reported  That  Major  Hicks  and  himself  had  delivered 
the  Message  they  had  in  Charge  to  the  President 

Mr  Dupont  reported  from  the  Commissioners  appointed  by  an 
Ordinance  passed  the  pth  of  April  last  to  take  a  State  of  the  Treas- 
ury and  to  settle  the  accounts  of  the  late  Powder-Receiver  And  he 


39 

read  the  Report  in  his  Place  and  afterwards  delivered  it  in  at  the 
Clerk's  Table  where  the  same  was  read 

Upon  a  Doubt  expressed  by  the  said  Commissioners  in  Respect 
to  settling  with  the  late  Powder-Receiver 

Ordered  That  the  Report  be  re-committed  and  that  the  Commis- 
sioners be  authorized  to  select  and  accept  from  the  late  Powder- 
Receiver  such  Bonds  as  they  shall  approve  of  for  the  Balance  of 
Monies  due  from  him  to  the  Public  of  this  State  and  to  procure 
from  the  Obligors  in  such  Bonds  in  lieu  thereof  Bonds  payable  to 
the  present  Commissioners  of  the  Treasury  for  the  use  of  the  State 
And  that  they  do  report  their  Proceedings  thereon  additional  to  the 
Report  re-committed  to1  this  House 

The  Honourable  Mr  Edwards  reported  That  Mr.  Middleton  and 
himself  had  delivered  the  Message  they  had  in  Charge  to  the  Presi- 
dent 

Resolved  That  the  Commissioners  of  the  Treasury  be  authorized 
and  required  to  receive  Payment  of  the  Bonds  payable  to  the  King 
and  notes  payable  to  the  late  Joint  Public  Treasurers  mentioned  in 
the  foregoing  Report  or  in  Lieu  thereof  to  take  new  Bonds  payable 
to  the  said  Commissioners  for  the  use  of  this  State 

Ordered  That  the  Commissioners  of  the  Treasury  be  immediately 
served  with  a  Copy  of  the  above  Resolve 

Ordered  That  Leave  be  given  to  bring  in  a  Bill  for  appointing 
Commissioners  to  superintend  and  direct  the  Naval  Affairs  of  this 
State  And  that  the  Honourable  Mr  Edwards  Captain  Roger  Smith 
Mr.  Corbett  Mr.  Neufville  and  Mr.  Ward  be  a  Committee  to  prepare 
and  bring  in  the  same 

And  the  House  adjourned  till  Monday  morning  nine  of  the  Clock 

Monday  the  23d  Day  of  September.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  last  Saturdays  Proceedings 

Ordered  That  Colonel  Gervais  Mr  Loocock  the  Revdrend  Mr. 
Tennent  Mr.  Moore  Mr.  John  Williams  Mr.  Robinson  Major  Hicks 
Mr.  Pegues  Mr.  John  Caldwell  of  St.  Matthews  /  Mr.  Cantey  and 
Mr.  Harrington  be  a  Committee  to  consider  and  report  to  the  House 
proper  Places  of  Election  and  the  Names  of  Persons  proper  to 
receive  Votes  and  make  Returns  in  the  different  Districts  where 
there  are  no  Churches  or  Church- Wardens  And  that  the  said  Com- 
mittee do  sit  upon  that  Business  without  Loss  of  Time 


40 

The  Honourable  Mr  Matthews  reported  That  Mr  Middleton  and 
himself  had  delivered  the  Ordinance  and  also  the  Message  they  had 
in  charge  to  the  Legislative  Council 

Ordered  That  the  Order  of  the  Day  to  ballot  for  another  Com- 
mander of  the  Brigantine  Comet  be  discharged 

Ordered  That  a  Committee  be  appointed  to  receive  the  Names  of 
Persons  desirous  or  proper  to  be  appointed  to  the  Command  of  the 
Brigantine  Comet  that  they  do  sit  forthwith  for  that  Purpose  and 
give  Public  notice  thereof 

Ordered  That  the  Honourable  Mr.  Edwards  Mr  Corbett  Mr  Hall 
Mr.  Chiffelle  and  Mr.  Ward  be  a  Committee  for  the  above  Purpose 

Ordered  That  Colonel  Garden  Mr.  Harrington  Captain  Singleton 
Captain  White  and  Captain  Maham  be  added  to  the  Committee  for 
revising  the  present  militia  Law  and  to  bring  in  a  Bill  for  the  better 
Regulation  of  the  Militia 

Message  from  the  Legislative  Council  by  their  Clerk 

Mr  Speaker 

The  Legislative  Council  have  read  twice  the  Ordinance  for 
appointing  Commissioners  for  selling  certain  East  India  Teas 
imported  from  Great-Britain  into  this  State  and  for  applying  the 
monies  arising  therefrom  to  the  use  of  the  said  State 

And  then  the  messenger  withdrew 

Resolved  That  the  said  Ordinance  be  now  read  a  Third  Time 

And  the  same  being  read  accordingly 

Resolved  That  the  Ordinance  do  pass 

Ordered  That  Mr.  Ward  and  Captain  McQueen  do  carry  the  Ordi- 
nance to  the  Legislative  Council 

Message  from  the  President  by  the  Clerk  of  the  Legislative 
Council 

Mr  Speaker  and  Gentlemen 

Colonel  Powell  having  represented  the  necessity  of  a  Stockade- 
Fort  at  the  Cheraw-Hill  I  gave  him  Directions  some  Time  ago  (by 
advice  of  the  Privy  Council)  to  have  one  built  there  But  on  receiv- 
ing from  him  the  Petitions  and  Estimate  herewith  laid  before  you 
some  of  which  Petitions  prayed  that  it  might  be  built  at  that  Place 
and  others  at  Long-Bluff  And  being  informed  by  several  Inhabi- 
tants of  St  Davids  Parish  that  a  Fort  at  either  of  those  Places  was 
altogether  unnecessary  I  thought  it  proper  (the  Time  of  your  meet- 
ing being  then  not  very  distant)  to  suspend  the  matter  till  I  could 


41 

have  your  Opinion  respecting  it  And  I  now  refer  this  Subject  to  your 
consideration 

John  Rutledge 
23d  Septem.  1776 

And  then  the  messenger  withdrew 

Read  the  Petitions  referred  to  in  the  message — which  with  the 
Estimate  are  preserved  among  the  other  Papers  of  the  present  Ses- 
sions 

Ordered  that  the  message  with  the  Papers  accompanying  the  same 
be  referred  to  a  Committee 

And  they  are  referred  to  Mr.  Harrington  Major  Hicks  Mr.  Pegues 
Captain  Withers  Captain  White  Mr.  Young  and  Cap*.  Trapier 

Ordered  Captain  Tucker  have  Leave  of  absence  from  the  Service 
of  this  House 

I  "])on  Motion 

Resolved  That  Mr  Speaker  be  desired  to  write  to  the  Delegates  of 
this  State  in  the  Continental  Congress  that  they  will  cause  this  House 
to  be  furnished  with  a  complete  Copy  of  the  Journals  of  the  Pro- 
ceedings of  the  said  Congress  for  the  use  of  this  State 

And  then  the  House  adjourned  till  To-morrow  morning  nine  of 
the  Clock 

Tuesday  the  24th  Day  of  September.  1776 

The  House  met  according  to  Adjournment 

Read  the  Journal  of  Yesterdays  Proceeding 

Mr.  Joseph  Palmer  Captain  Samuel  Wise  and  Mr  Daniel  Rave- 
nell  took  the  Oath  prescribed  by  the  Constitution  and  their  Seats 
as  members  of  this  House 

Mr.  Jonathan  Scott  the  returning  Officer  of  the  Election  for  the 
Parish  of  Christ  Church  attended  according  to  order  and  being  called 
in  amended  the  Return  by  rasing  the  Xaine  of  Levi  Durand  Esquire 
and  inserting  instead  thereof  the  name  of  William  Scott  Junior 
Esquire 

The  Honourable  Mr  Lowndes  reported  from  the  Committee  to 
whom  the  Petition  of  Edward  Fenwick  Esquire  was  referred  and  he 
read  the  Report  in  his  Place  and  afterwards  delivered  it  in  at  the 
Clerks  Table  where  the  same  was  read  and  is  as  followeth 

That  in  September  last  as  Mr.  Fenwicke  informed  your  Com- 
mittee he  received  a  Letter  from  Mr.  Stuart  informing  him  that  he 
had  sent  for  an  Inventory  of  his  Slaves  in  order  to  enable  him  the 
better  to  judge  what  Part  he  would  allot  to  Mr.  Fenwick  in  Part  of 
his  Lady's  Portion — which  Letter  is  mislaid 


42 

That  Mr.  Fenwick  produced  a  Letter  dated  23d  December  from 
Mr  Stuart  directed  to  Mr.  Balingall  wherein  he  tells  Mr.  Balingall 
that  if  it  is  agreeable  to  him  he  leaves  it  to  him  to  move  Twenty  of 
his  Hands  from  Maple-Cane  to  Mr.  Fenwick's  Plantation  at  Ashe- 
poo  And  that  he  Mr.  Stuart  proposed  also  to  give  Orders  to  Mr. 
Charles  Shaw  to  remove  Ten  more  from  Lady's  Island  so  as  to  be 
at  Mr  Fenwick's  in  February  following 

That  Mr  Fenwick  informed  the  Committee  that  Mr  Shaw  did  in 
Consequence  receive  such  Directions  from  Mr  Stuart  concerning  the 
Ten  Negroes  to  be  removed  from  Lady's  Island  That  Mr  Shaw  is 
now  in  Town  and  although  he  has  not  the  Letter  to  produce  he  is 
willing  to  make  Oath  to  the  Purport  of  it  as  above  Mr  Shaw  appear- 
ing before  the  Committee  confirmed  this  Article 

That  Mr.  Fenwick  informed  the  Committee  that  he  also  had 
received  a  Letter  from  Mr.  Stuart  acquainting  him  that  he  had  wrote 
Letters  to  Mr.  Balingall  and  Shaw  to  the  above  Purpose  That  the 
Letter  was  detained  in  the  Post  Office  at  Georgia  a  considerable 
Time  and  taken  up  (opened)  by  Mr.  Rose  who  brought  it  to  Mr. 
Fenwick  in  May  last  That  Mr.  Fenwick  in  Consequence  went  up  to 
Mr.  Balingall  who  acknowledged  the  Receipt  of  Mr.  Stuart's  Letter 
but  informed  Mr.  Fenwick  that  the  Effects  of  Mr.  Stuart  were  taken 
out  of  his  Hands  by  Order  of  the  Congress  otherwise  he  would  have 
complied  with  Mr.  Stuart's  Directions  Shaw  also  declared  to  Mr. 
Fenwick  that  he  would  have  delivered  up  the  Ten  Negroes  men- 
tioned in  his  Letter  had  Mr.  Stuart's  Effects  remained  in  his  Cus- 
tody. 

That  Mr.  Fenwick  has  no  Bill  of  Sale  or  other  Instrument  of 
writing  transferring  the  said  Slaves  to  him  but  is  assured  from  the 
Letter  received  from  Mr.  Stuart  first  referred  to  that  it  was  Mr. 
Stuart's  Intention  to  have  given  him  those  Slaves  as  Part  of  his 
wife's  Portion  and  that  the  Orders  given  to  Mr.  Balingall  he  con- 
siders as  an  Evidence  of  such  his  Intention 

That  Mr.  Fenwick  informed  the  Committee  that  there  are  now 
brought  to  Charles  Town  seized  on  attachment  Ten  of  the  Slaves 
belonging  to  Mr.  Stuart  from  Maple  Cane  besides  a  considerable 
number  already  sold  That  the  Crop  now  on  the  Ground  must  be 
lost  for  want  of  Negroes  to  harvest  the  Crop  That  if  the  Crop  of 
the  last  year  lying  on  Hand  together  with  the  Indico  made  the  pres- 
ent year  were  put  into  his  Hands  he  could  by  the  Proceeds  thereof 
pay  of  the  attachments  on  which  the  negroes  were  seized  and  redeem 
the  negroes  now  in  the  Custody  of  the  Sheriff  which  would  afford 


43 

them  the  means  of  saving  some  Part  of  the  Crop  on  the  Ground 
which  must  now  inevitably  be  lost 

That  he  will  give  Security  to  apply  the  Effects  put  into  his  Hands 
solely  to  the  Payment  of  the  Just  Debts  of  Mr.  Stuart  and  account 
with  any  Person  the  House  will  appoint  for  the  Residue  of  the 
Sales 

That  on  the  above  State  of  Facts  which  Mr.  Fenwick  is  ready  to 
attest  upon  Oath  the  Committee  are  of  opinion  That  it  appears  to 
have  been  the  Intention  of  Mr.  Stuart  to  have  given  to  Mr.  Fenwick 
his  Son-in-Law  Thirty  negroes  in  Part  of  his  wife's  Portion  But 
inasmuch  as  there  is  no  Deed  or  regular  Transfer  for  that  Purpose 
from  Mr  Stuart  obligatory  upon  him  the  Committee  are  of  opinion 
that  the  Presumption  arising  from  the  Letters  wrote  by  Mr  Stuart  is 
not  sufficient  in  Law  to  vest  the  Property  of  the  said  Slaves  abso- 
lutely in  Mr.  Fenwick :  But  as  it  is  clear  and  evident  by  the  Directions 
given  to  Balingall  and  Shaw  that  Mr.  Stuart  intended  at  least  to  give 
to  Mr.  Fenwick  the  Temporary  use  and  service  of  Thirty  Slaves  to 
work  on  his  Plantation  at  Ashepoo  and  that  those  Persons  would 
have  put  Mr.  Fenwick  into  the  quiet  Possession  of  them  if  they  had 
not  been  prevented  by  the  Orders  of  the  Congress  which  dispos- 
sessed them  of  the  Powers  over  Mr  Stuart's  Effects  the  Committee 
recommend—  That  Mr.  Fenwick  may  now  take  the  Liberty  of  avail- 
ing himself  of  the  Temporary  use  of  the  said  Slaves  and  that  Mr. 
Balingall  and  Mr  Shaw  may  be  permitted  to  deliver  over  to  him 
the  said  Negroes  or  such  Part  thereof  as  are  in  their  Power  agree- 
able to  Mr.  Stuart's  Directions  Mr.  Fenwick  holding  himself  answer- 
able for  the  said  Negroes  and  obliged  to  deliver  them  whenever 
thereunto  required  by  the  Resolution  of  this  House 

That  the  Committee  are  of  Opinion  it  would  be  detrimental  and 
grievous  to  sell  the  negroes  of  Mr  Stuart  for  the  Payment  of  his 
Debts  while  there  is  a  sufficient  Value  in  perishable  Commodity  for 
that  Purpose  on  Hand  the  more  especially  as  this  present  Crop  on 
the  Ground  would  thereby  be  totally  lost  The  Committee  therefore 
further  recommend  That  Mr.  Fenwick  be  permitted  to  take  in  his 
Pos=sion  the  Rice  and  Indico  belonging  to  Mr.  Stuart  dispose  of 
the  same  and  apply  the  Proceeds  to  the  Payment  of  the  just  and  legal 
Debts  of  Mr  Stuart  holding  the  Residue  if  any  there  is  in  his  Hands 
subject  to  the  Disposal  of  this  House  and  that  Mr.  Fenwick  lodge  in 
the  Hands  of  the  Commissioners  of  the  Treasury  a  faithful  and  exact 
account  attested  on  Oath  of  such  Sale  and  Payments 


44 

Ordered  That  the  said  Report  be  taken  into  Consideration  To- 
morrow 

William  Scott  Junior  Esquire  took  the  Oath  prescribed  by  the 
Constitution  and  his  Seat  as  a  member  for  the  Parish  of  Christ 
Church 

A  Petition  of  William  Hort  Esquire  was  presented  to  the  House 
and  read  the  words  following 

That  a  Part  of  the  Land  on  which  the  Troops  lately  encamped  at 
Haddrels  Point  is  the  Property  of  your  Petitioner  That  they  had 
while  there  totally  destroyed  a  Field  of  Corn  and  other  Provisions  a 
large  Garden  with  a  great  number  of  Choice  Fruit  Trees  and  burnt 
and  destroyed  all  his  Fences  and  otherwise  injured  him  Your  Peti- 
tioner humbly  hopes  that  you  will  take  his  Case  into  Consideration 
and  grant  him  such  Relief  as  to  you  in  your  wisdom  shall  seem 
meet 

Ordered  That  the  Petition  be  referred  to  the  Consideration  of  a 
Committee 

And  it  is  referred  to  Mr.  Capers  Captain  Vanderhorst  Mr.  Benja- 
min Elliott  Mr.  John  Boone  and  Mr.  William  Scott  Junior 

Mr.  Corbett  reported  from  the  Commissioners  appointed  by  the 
late  Congress  to  purchase  materials  for  and  superintend  the  making 
of  Gun  Powder  And  he  read  the  Report  in  his  Place  and  afterwards 
delivered  it  in  at  the  Clerks  Table  where  same  was  read  and  is  as 
followeth 

That  they  did  employ  William  Bartey  a  man  skilled  in  the  art  of 
making  Gun-powder  That  they  have  allowed  him  Twenty  Shillings 
Currency  per  Pound  for  all  the  Gun-powder  that  he  produced  out 
of  the  materials  with  which  the  Commissioners  furnished  him  with 
charging  him  with  those  materials  That  they  have  worked  up  into 
Gunpowder  all  the  nitre  they  have  received  or  could  produce  which 
is  as  follows 

2oott    from  Mr  John  Neufville  paid  for  by  the  Treasury 

\  from  Mr  Daniel  DeSaussure  paid  for  by  the  Treasury 

) 


348/2tt 

100       ^  The  Commissioners  bought  in  Charles-Town  and  paid 
30       J       for 


In  all  47&y2tt  of  nitre 


45 

From  which  they  have  made  and  delivered  to  the  Gun-powder  Re- 
ceiver and  Officers  of  the  Army  (per  Receipts  for  the  same)  six 
Hundred  and  Twenty-five  Pounds  weight  of  Gun-powder 

That  the  Commissioners  have  also  received  a  Cask  of  Brimstone 
from  Mr.  Neufville  and  two  Casks  from  Mr.  DeSaussure  paid  for 
by  the  Commissioners  of  the  Treasury  and  two  Thousand  nine  Hun- 
dred and  Five  Pounds  of  Brimstone  which  the  Commissioners  for 
Gun-powder  boyght  and  have  paid  for  in  Charles  Town  out  of 
which  they  have  used  only  seventy  Pounds,  Mr  Bartey  having  Brim- 
stone of  his  own  which  he  furnished  in  the  making  of  Gun-powder 
Part  of  the  Brimstone  is  lodged  in  the  Public  Magazine  by  Order 
of  the  late  Council  of  Safety  the  Rest  Mr.  Calvert  is  ordered  to  put 
into  the  arsenal ;  The  Expences  attending  this  Business  are  charged 
in  an  account  delivered  herewith  on  which  there  is  a  Balance  due  to 
the  Commissioners  of  One  Hundred  and  Eighteen  Pounds  Thirteen 
Shillings  and  Four  Pence  Currency 

The  Account  referred  to  being  likewise  read 

Ordered  That  the  Commissioners  of  the  Treasury  do  pay  to  Mr. 
Thomas  Corbett  and  the  Reverend  Mr.  William  Tennent  Commis- 
sioners for  purchasing  materials  for  and  to  superintend  the  making 
of  Gun  Powder  a  Balance  of  One  Hundred  and  Eighteen  Pounds 
Thirteen  Shillings  and  Four  Pence  which  appears  to  be  due  to  them 
on  that  account 

Mr  Loocock  reported  from  the  Committee  to  consider  of  and 
report  proper  Places  of  Election  and  proper  Persons  to  receive  the 
votes  of  Electors  and  make  Returns  thereof  in  such  Districts  where 
they  are  not  already  appointed  And  he  read  the  Report  in  his  Place 
and  afterwards  delivered  it  in  at  the  Clerks  Table  where  the  same 
was  read  and  is  as  followeth. 

That  the  Election  for  the  District  between  Savannah  River  and 
the  North  Fork  of  Edisto  should  be  held  at  Kelly's  old  Cowpen — 
and  the  Commissioners  be  George  Robinson  John  Collins  John  Sally 
Esquires  Messrs.  Henry  Peoples  and  William  Robinson  or  any  one  or 
more  of  them 

That  the  Committee  find  the  Places  already  fixed  in  every  Parish 
and  District  within  this  State  except  the  above  and  also  Church 
WTardens  or  Commissioners  accommodated  to  each  Place  of  Election 
And 

That  the  Committee  apprehending  all  or  most  of  the  Commission- 
ers for  the  Spartan  or  upper  District  may  be  absent  at  the  Time  of 


46 

the  ncxc  Election  recommend  That  Lieutenant  Colonel  Wofford  and 
Mr.  John  Nuccols  may  be  added  to  the  same 

Resolved  That  the  Report  be  taken  into  Consideration  immediately 

And  the  same  being  taken  into  Consideration  accordingly 

Resolved  That  this  House  do  agree  with  the  Report  of  the  Com- 
mittee 

Upon  Motion 

Resolved  That  in  all  such  Districts  throughout  this  State  where 
Commissioners  are  appointed  to  attend  and  receive  Votes  for  elect- 
ing members  of  the  General  Assembly  and  to  make  Returns  of  such 
Elections  any  One  or  more  of  the  said  Commissioners  shall  be 
sufficient  for  those  Purposes 

Ordered  That  the  Resolves  of  this  House  of  the  nth  of  April  last 
on  the  above  subject  together  with  the  foregoing  be  forthwith 
printed  and  sent  to  the  several  Districts 

Captain  McQueen  reported  That  Mr.  Ward  and  himself  had 
delivered  the  Ordinance  they  had  in  Charge  to  the  Legislative 
Council 

The  Clerk  of  the  Legislative  Council  brought  from  the  House  an 
Ordinance  for  appointing  Commissioners  for  selling  certain  East- 
India  Teas  imported  from  Great-Britain  into  this  State  and  for 
applying  the  monies  arising  therefrom  to  the  use  of  the  said  State 
and  read  a  Third  Time  in  the  Legislative  Council 

Ordered  That  the  Ordinance  be  ingrossed 

Mr.  Ward  presented  to  the  House  according  to  Order  an  Ordi- 
nance for  disarming  Persons  notoriously  disaffected  to  the  Cause  of 
America  or  who  shall  not  associate  and  shall  refuse  to  associate  to 
defend  by  Arms  the  United  States  of  America  and  the  State  of  South 
Carolina  in  particular  against  the  hostile  attempts  of  the  British 
Fleets  and  Armies  And  the  same  was  received  and  read  the  First 
Time 

Resolved  That  the  Ordinance  be  read  a  second  Time  To-morrow 

A  Copy  of  the  Presentments  of  the  Grand  Jurors  at  a  Court  of 
Oyer  and  Terminer  Assize  and  General  Delivery  begun  and  holden 
at  Ninety-six  for  the  District  of  Ninety-six  on  Thursday  the  3Oth 
of  May  1776  was  presented  to  the  House  and  read  with  the  Orders 
of  the  Court  thereupon  directing  the  following  to  be  laid  before  the 
Legislature  viz 

First  The  want  of  Places  of  Public  Worship  and  Free  Schools 

Second    The  want  of  a  proper  Vagrant  Law 


47 

Third  That  writs  are  issuable  from  and  returnable  to  Charles 
Town  only  and  that  the  Records  are  not  kept  in  the  different  Dis- 
tricts 

Fourth  The  want  of  Provision  for  many  poor  and  indigent 
Persons — and  recommend  that  the  Committee  in  the  different  Dis- 
tricts where  there  are  no  Parishes  be  impowered  to  assess  for  that 
Purpose 

Fifth  The  want  of  Public  Roads  through  the  Province  in  Gen- 
eral and  the  bad  Repair  in  which  several  are  kept  and  particularly 
the  want  of  a  Road  to  lead  from  the  upper  Parts  of  Savannah  River 
Rocky  River  and  Little  River  heading  the  South  Fork  of  Edisto 
and  Salcatchee  Rivers  to  Hort's  Ferry  on  Edisto  River  and  from 
thence  to  Slann's  Bridge 

Ordered  That  the  said  Presentments  do  lie  on  the  Table  for  the 
Perusal  of  the  Members 

Ordered  That  Mr  Bacot  and  Mr.  Theodore  Gaillard  junr  be  added 
to  the  Committee  appointed  on  the  2ist  Instant  to  examine  the  Public 
Treasury  Accounts  and  report  it  to  the  House  an  exact  and  circum- 
stantial Account  of  the  State  of  the  Treasury  what  Sums  have  been 
issued  and  for  what  particular  services  arranging  under  distinct 
Heads  the  particular  services  for  which  the  monies  have  been 
expended 

Resolved  That  the  House  will  proceed  to  the  Choice  of  a  Captain 
and  Commander  of  the  Brigantine  Comet  To-morrow  morning  Ten 
of  the  Clock 

Ordered  That  Colonel  Pinckney  and  the  Honourable  Mr.  Justice 
Matthews  do  wait  on  the  Legislative  Council  to  request  their  atten- 
dance in  this  House  Tomorrow  morning  Ten  of  the  Clock  to  join  in 
balloting  for  a  Captain  and  Commander  of  the  Brigantine  Comet 

And  then  the  House  adjourned  till  To-morrow  morning  Nine  of 
the  Clock. 

Wednesday  the  25th  of  September.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  Yesterdays  Proceedings 

Jacob  Richman  Henry  Patrick  and  Benjamin  Screven  Esquires 
took  the  Oath  prescribed  by  the  constitution  and  their  Seats  as 
members 

Ordered  That  Mr.  Richman,  Mr.  Singleton,  Mr.  Moore,  Mr.  Wil- 
liams, Mr.  Caldwell,  Mr.  Harrington,  Mr.  Robinson  Colonel  Gervais 
and  Mr.  Ward  be  a  Committee  to  revise  the  List  of  Magistrates  and 
report  the  Names  of  Persons  proper  to  be  added  thereto 


48 

The  Order  of  the  Day  being  read  to  take  into  Consideration  the 
Report  of  the  Committee  to  whom  the  Petition  of  Edward  Fenwick 
Esquire  was  referred 

And  the  Petition  of  Edward  Fenwick  Esquire  being  also  read 

A  Petition  of  John  Berwick  Esquire  was  presented  to  the  House 
and  read  in  the  words  following 

That  on  or  about  the  night  of  the  i6th  of  July  last  while  your 
Petitioner  was  called  from  the  Care  of  his  private  Concerns  and 
bearing  Arms  in  Charles  Town  in  Defence  of  this  State  against 
the  cruel  Invaders  of  its  just  Rights  and  Priviledges  an  armed  Vessel 
supposed  to  be  that  commanded  by  Captain  Osborn  commissioned  by 
the  Province  of  East  Florida  to  cruize  against  the  United  States 
of  America  landed  his  men  and  carried  off  by  violence  Eight  of 
his  most  valuable  Slaves  compelling  the  Overseers  Wife  to  conduct 
them  to  those  Houses  where  the  best  of  his  negroes  were  known 
to  reside  to  the  great  Injury  of  the  Estate  of  your  Petitioner  said 
Slaves  together  with  a  Loss  sustained  in  his  Crop  being  in  the 
Opinion  of  your  Petitioner  to  the  value  of  Seven  Thousand  Pounds 
Currency  at  a  moderate  Computation 

Your  Petitioner  also  begs' Leave  to  represent  to  the  House  that  he 
is  well  informed  that  John  Moultrie  Esquire  Lieutenant  Governor 
of  East-Florida  from  whence  the  said  piratical  cruizer  .was  com- 
missioned and  John  Stuart  Esquire  late  Superintendent  of  Indian 
Affairs  are  possessed  of  certain  Estates  or  other  Property  within  this 
State  and  the  said  John  Moultrie  and  John  Stuart  Esquires  having 
taken  an  active  Part  with  our  Enemies  against  these  United  States 

Your  Petitioner  therefore  encouraged  by  some  recent  Precedents 
in  which  Individuals  have  been  permitted  to  make  Reprisals  and 
to  indemnify  themselves  for  their  Losses  by  seizing  upon  the  Prop- 
erty of  the  Enemy  within  this  State  prays  that  the  House  would 
take  the  Premises  into  Consideration  and  enable  your  Petitioner  to 
attach  and  convert  to  his  own  use  so  much  of  the  Property  or  Effects 
of  the  said  John  Moultrie  or  John  Stuart  Esquires  or  any  other 
known  Enemy  of  this  State  and  of  the  Liberties  of  America  in- 
general  found  within  this  State  as  shall  fully  indemnify  him  for  his 
great  Losses  or  that  the  House  would  be  pleased  to  grant  your 
Petitioner  such  other  mode  of  Redress  as  to  their  wisdom  may  seem 
more  fit  and  proper 

Ordered  That  the  Petition  be  referred  to  a  Committee 

And  it  is  referred  to  the  Honourable  Mr.  Lowndes  Captain  Joiner 
Mr  Benjamin  Elliott  Mr.  DeSaussure  Mr  Stobo  and  Mr.  Young 


49 

Ordered  That  the  Order  of  the  Day  be  discharged 

Ordered  That  the  Consideration  of  the  Report  on  Mr  Fenwick's 
Petition  be  postponed  till  the  Committee  appointed  to  consider  Mr 
Berwick's  Petition  shall  have  reported  thereupon 

Message  from  the  President  by  the  Clerk  of  the  Legislative 
Council 

Mr  Speaker  and  Gentlemen 

I  send  you  some  other  Petitions  which  have  been  lately  pre- 
sented to  me  relative  to  a  Fort  at  the  Cheraw-Hill 

John  Rutledge 
25th  September.  1776 

Read  the  Petitions  referred  to  which  are  preserved  among  the 
other  Papers  of  the  Session 

Ordered  That  the  Petitioners  be  referred  to  the  same  Committee 
to  whom  the  Presidents  Message  of  the  23d  Instant  and  other  Peti- 
tions upon  the  same  Subject  were  referred 

It  appearing  to  the  House  that  Thomas  Farr  junior  Esquire  Clerk 
to  the  late  Commons  House  of  assembly  had  in  Pursuance  of  an 
Order  of  the  Council  of  Safety  dated  24th  of  October  last  removed 
the  Journals  Books  and  other  Papers  belonging  to  the  said  House 
to  Dorchester  and  there  delivered  them  to  the  Commissioners 
appointed  for  that  Purpose  and  taken  their  Receipt  for  the  same 
which  Receipt  was  produced  to  the  House 

Ordered  That  Mr  Farr  be  discharged  from  any  further  Charge 
of  the  said  Journals  Books  and  Papers  and  that  the  same  be  taken 
into  the  Care  of  the  Clerk  of  this  House 

A  Member  presented  to  the  House  a  Certificate  of  an  Election 
for  the  District  of  Saxe-Gotha     And  he  read  the  Certificate  in  his 
Place  and  afterwards  delivered  it  in  at  the  Clerk's  Table  where  the 
same  was  read  and  is  as  follows 
South  Carolina 
Saxe-Gotha  District 

In  Pursuance  of  a  Letter  from  the  Honourable  William  Henry 
Drayton  informing  the  Committee  for  this  District  that  a  writ  of 
Election  was  issued  and  sent  up  for  a  Member  in  the  House  of 
General  Assembly  (though  the  said  writ  never  came  to  Hand)  the 
Electors  of  Saxe-Gotha  District  were  duly  summoned  to  meet  at 
Congarees  on  Friday  the  I3th  Instagt  for  the  Purpose  of  electing 
a  member  for  the  said  District  and  the  said  Election  having  been 
held  it  appeared  that  the  Honourable  William  Henry  Drayton  was 
duly  and  unanimously  elected  to  represent  the  said  District  in  the 

4 — H.  c. 


50 

present  General  Assembly  which  Proceedings  are  hereby  certified 
and  returned  by  us  the  Commissioners  for  the  District  Signed  the 
22d  Day  of  September.  1776 

William  Arther 
Jacob  Friday 
Ralph  Humphreys 

To  the  Speaker  of  the  General  House 
of  Assembly  for  South  Carolina 

After  some  Debate 

A  Motion  was  made  That  Mr  Drayton  be  called  in  to  qualify 

And  the  Question  being  put 

The  House  divided 

The  Yeas  went  forth 

Teller  for  the  Yeas  Mr  Attorney  General — 32 

Teller  for  the  Noes  Honourable  Mr.  Lowndes — 52 

So  it  passed  in  the  negative 

Hopson  Pinckney  Esquire  took  the  Oath  prescribed  by  the  Con- 
stitution and  his  Seat  in  the  House  as  a  member  for  the  Parish  of 
St  Thomas  and  St  Dennis 

Message  from  the  President  by  the  Clerk  of  the  Legislative  Council 

Mr.  Speaker  and  Gentlemen 

Colonel  Williamson  lately  desired  my  Instructions  with  respect 
to  telling  the  men  engaged  in  the  Expedition  against  the  Cherokees 
that  such  of  those  Indians  as  should  be  taken  Prisoners  would 
become  slaves  and  the  Property  of  the  Captors  which  notion  I  find 
prevailed  in  his  Camp1  insomuch  that  an  Indian  woman  who  had 
been  taken  Prisoner  was  sold  as  a  slave — I  send  you  an  Extract  of 
my  Letter  in  answer  to  His  on  this  Subject — And  agreeable  to  my 
Promise  to  him  recommend  the  giving  suitable  Encouragement  to 
those  who  shall  distinguish  themselves  in  the  war  against  the  Chero- 
kees which  I  doubt  not  you  will — I  wish  to  be  enabled  to  assure 
Colonel  Williamson  soon  with  Certainty  what  they  may  expect 

John  Rutledge 
25th  September.  1776 

Read  the  Paper  referred  to  entitled  Extract  of  a  Letter  3d  Sep- 
tember in  answer  to  Colonel  Williamsons  of  August  25th 

Ordered  That  the  Message  and  Extract  accompanying  the  same 
be  referred  to  a  Committee 

And  it  is  referred  to  the  Honourable  Mr.  Lowndes  the  Honourable 
Mr.  Edwards  Colonel  Gervais  Colonel  Pinckney  Mr  Neufville  Mr. 
Cantey  and  Mr.  Waring 


Colonel  Pinckney  reported  That  the  Honourable  Mr.  Justice 
Matthews  and  himself  had  according  to  order  waited  upon  the  Leg- 
islative Council  to  desire  their  attendance  in  this  House  in  Order 
to  join  in  balloting  for  a  Captain  and  Commander  of  the  Brigantine 
Comet 

The  Members  of  the  Honourable  the  Legislative  Council  being 
introduced  into  this  House  accordingly 

The  Members  of  both  Houses  proceeded  to  ballot 

And  the  Ballots  being  reckoned 

Mr.  Speaker  reported  That  James  Dogharty  Esquire  was  duly 
elected  Captain  and  Commander  of  the  Brigantine  Comet 

Ordered  That  the  Honourable  Mr.  Edwards  and  Captain  Joiner 
do  wait  on  the  President  to  acquaint  him  that  this  House  and  the 
Honourable  the  Legislative  Council  have  jointly  by  Ballot  duly 
elected  James  Dogharty  Esquire  Captain  and  Commander  of  the 
armed  Brigantine  Comet  belonging  to  this  State  and  to  request  that 
His  Excellency  will  be  pleased  to  cause  him  to  be  sent  for  Express 
and  to  commissionate  him  accordingly 

A  Memorial  of  the  Vestry  of  Saint  Philip's  Charles  Town  was 
presented  to  the  House  and  read  in  the  following  words 

That  many  Difficulties  occurred  which  rendered  it  altogether 
impossible  for  memorialists  to  make  a  just  and  equitable  assessment 
for  a  Poor-Tax  on  the  Inhabitants  of  Charles-Town  according  to 
the  Directions  of  the  act  of  Assembly  but  more  particularly  the 
Removal  from  Town  for  several  months  past  of  great  numbers  of 
those  Inhabitants  who  were  liable  by  Law  to  be  taxed  for  that  Pur- 
pose and  though  some  of  them  have  lately  returned  it  is  nevertheless 
now  out  of  the  Power  of  memorialists  to  make  an  assessment  because 
the  Time  limitted  by  Law  for  doing  it  is  expired. 

That  Memorialists  were  obliged  some  Time  since  to  borrow  a 
large  Sum  of  money  (exclusive  of  what  hath  been  already  lent  by 
your  Honourable  House)  in  order  to  defray  the  Expence  of  sup- 
porting the  Poor  of  this  Town  and  transient  Poor  from  the  differ- 
ent Parts  of  the  Country  and  also  from  our  Sister  States  who  are 
daily  applying  for  an  Increase  of  their  monthly  allowance  because 
of  the  exhorbitant  Prices  that  are  demanded  for  all  the  necessaries  of 
Life 

Memorialists  therefore  pray  that  your  Honourable  House  will 
take  the  Case  into  your  most  serious  Consideration  and  accordingly 
make  Provision  for  the  subsistence  of  said  Poor  until  a  Tax  can 
be  legally  assessed  or  Memorialists  will  be  reduced  to  the  unavoid- 


52 

able  necessity  of  yielding  up  their  Trust  and  leaving  the  Poor  alto- 
gether to  the  Care  of  Heaven  or  begging  their  daily  Bread  from 
Door  to  Door 

Ordered  That  the  memorial  be  referred  to  a  Committee 

And  it  is  referred  to  Mr  Hall  Mr.  John  Berwick  Mr  Verree 
Mr  Brown  Mr  Toomer  Mr  Josiah  Smith  Junior  and  Mr  Eveleigh 

Upon  Motion 

Resolved  That  Mr  Speaker  do  forthwith  issue  writs  for  electing 
members  of  the  present  General  Assembly  for  the  following  Par- 
ishes and  Districts  where  Vacancies  have  happened,  (viz.) 

One  Member  for  the  Parishes  of  St  Philip  and  St  Michael 
Charles-Town  in  the  Room  of  Cato  Ash  Esquire  deceased. 

One  Member  for  the  Parish  of  St  Andrew  in  the  Room  of  the 
Honourable  Thomas  Fuller  elected  into  the  Legislative  Council. 

One  Member  for  the  Parish  of  St  James  Goose-Creek  in  the 
Room  of  the  Honourable  John  Parker  elected  into  the  Legislative 
Council. 

Two  Members  for  the  Parish  of  St  James  Santee  in  the  Room  of 
the  Honourable  Daniel  Horry  elected  into  the  Legislative  Council 
and  of  Levi  Durand  Esquire  who  having  been  returned  for  Christ- 
Church  and  also  for  St  James  Santee  had  made  his  Election  for 
the  former 

One  Member  for  the  Parish  of  St  Helena  in  the  Room  of  the 
Honourable  William  Moultrie  elected  into  the  Legislative  Council 
And 

One  Member  for  the  District  of  Saxe-Gotha  in  the  Room  of  the 
Honourable  William  Henry  Drayton  elected  Chief  Justice  of  this 
State 

Ordered  That  the  Election  Days  for  filling  up  the  said  Vacancies 
be  Monday  and  Tuesday  the  seventh  and  eighth  Days  of  October 
next  and  that  the  writs  be  made  returnable  the  ninth  Day  of  the  same 
Month 

It  being  suggested  to  the  House  that  the  Writ  which  had  been 
issued  in  August  last  for  the  Election  of  a  Member  for  the  Parish 
of  St  Bartholomew  had  been  founded  on  a  mistake 

Ordered  That  the  said  Writ  and  all  the  proceedings  had  thereon 
be  quashed. 

The  Order  of  the  Day  being  read  for  reading  a  Second  Time 
and  Ordinance  for  disarming  Persons  notoriously  disaffected  to  the 
Cause  of  America  or  who  shall  not  associate  and  shall  refuse  to  asso- 
ciate to  defend  by  arms  the  United  States  of  America  and  the  State 


53 

of  South-Carolina  in  particular  against  the  hostile  attempts  of  the 
British  Fleets  and  Armies 

Ordered  That  the  said  Order  be  discharged  and  that  the  second 
Reading  of  the  Ordinance  be  postponed 

The  Honourable  Mr.  Edwards  reported  That  Captain  Joiner  and 
himself  had  delivered  the  message  they  had  in  Charge  to  the  Presi- 
dent And  that  His  Excellency  was  pleased  to  say  the  Request  of  the 
House  should  be  complied  with 

And  then  House  adjourned  till  To-morrow  Morning  Ten  of  the 
Clock 

Thursday  the  26th  Day  of  September.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  Yesterdays  proceedings 

Joseph  Howe  Francis  Adams  Thomas  Janes  John  Janes  and 
Lachlan  Macintosh  Esquires  took  the  Oath  prescribed  by  the  Con- 
stitution and  their  Seats  as  Members  of  the  House 

The  Honourable  Mr  Lowndes  reported  from  the  Committee  to 
whom  the  Petition  of  John  Berwick  Esquire  was  referred  And  he 
read  the  Report  in  his  Place  and  afterwards  delivered  it  in  at  the 
Clerks  Table  where  the  same  was  read  and  is  as  followeth. 

That  inasmuch  as  there  are  several  of  the  Inhabitants  of  this  State 
who  have  received  the  like  Injuries  with  Mr  Berwick  by  the  Depre- 
dations of  the  Enemy  and  many  more  may  probably  have  the  same 
cause  of  complaint  during  the  present  struggle  with  Great  Britain 
Your  Committee  are  of  Opinion  that  it  will  be  most  eligible  and 
equitable  to  fix  one  General  Rule  of  Retribution  that  may  compre- 
hend equally  all  the  sufferers  that  the  same  Measure  of  Justice  may 
be  extended  to  all  That  partial  and  particular  Remedies  to  Individ- 
uals before  a  general  account  can  be  obtained  and  stated  would 
probably  exclude  may  sufferers  from  the  means  of  satisfaction  and 
occasion  murmurings  and  Complaints 

That  as  the  Grievance  complained  of  must  necessarily  be  felt 
throughout  the  Continent  it  is  presumable  the  Honourable  the  Con- 
tinental Congress  may  make  some  Order  thereupon  respecting  the 
measures  to  be  taken  by  the  different  States  respectively  which  will 
establish  a  uniformity  of  Proceedings  among  them 

Your  Committee  to  avoid  any  Embezzlement  or  Deminution  of  the 
Estates  of  any  Persons  absent  from  this  State  who  are  known  to 
hold  Principles  inimical  to  the  Liberties  of  America  recommend  that 
this  House  take  proper  steps  to  secure  such  Estates  from  being 


54 

alienated  embezzled  or  diminished  to  serve  as  a  Fund  hereafter  if 
the  House  think  proper  to  make  Compensation  in  equal  Degree  to 
all  Persons  who  have  or  shall  sustain  Losses  by  the  British  Forces 
And  that  Leave  be  given  to  bring  in  a  Bill  for  those  Purposes 

Resolved  That  the  Report  be  taken  into  Consideration  imme- 
diately 

And  the  said  Report  being  read  a  Second  Time  was  agreed  to  by 
the  House 

Ordered  That  Leave  be  given  to  bring  in  a  Bill  for  the  Purposes 
mentioned  in  the  last  clause  of  the  said  Report  And  that  Colonel 
Pinckney  Mr.  Attorney  General  MX  Loocock  Mr.  John  Berwick  and 
Mr.  Ward  do  prepare  and  bring  in  the  same 

Message  from  the  President  by  the  Clerk  of  the  Legislative  Coun- 
cil 

Mr  Speaker  and  Gentlemen 

With  the  advice  and  Consent  of  the  Privy  Council  I  appointed 
John  Colcock  Esquire  Secretary  and  John  Calvert  and  Benjamin 
Lord  messengers  to  that  Board  and  Thomas  Farr  Esqr.  Paymaster 
of  the  Militia  I  therefore  desire  that  you  will  provide  such  allow- 
ances or  salaries  for  them  as  may  be  reasonable  and  adequate  to  their 
respective  services 

John  Rutledge 
26th  Septr.  1776 

Ordered  That  the  Message  be  referred  to  the  following  Committee 
viz  Mr.  Attorney-General  Mr.  Ward  Mr.  McOueen  Colonel  Garden 
and  Mr.  Ralph  Izard 

Then  the  House  proceeded  to  take  into  Consideration  the  Report 
of  the  Committee  to  whom  Mr.  Fenwick's  Petition  had  been  referred 

The  First  Second  Third  Fourth  Fifth  Sixth  and  Seventh  Para- 
graphs being  read  were  agreed  to  by  the  House 

The  Eighth  Paragraph  being  read  and  a  Debate  arising  thereon 

A  Motion  was  made  that  the  House  disagree  to  the  recommenda- 
tory Clause 

And  the  Question  being  put 

Resolved  in  the  affirmative 

And  then  the  last  Clause  of  the  Report  was  read  and  after  sev- 
eral Amendments  made  thereto  agreed  to  by  the  House  And  the 
Report  is  as  followeth 

That  in  September  last  as  Mr.  Fen  wick  informed  the  Committee 
he  received  a  Letter  from  Mr  Stuart  informing  him  that  he  had 
scr.t  for  an  Inventory  of  his  slaves  in  order  to  enable  him  to  judge 


55 

what  Part  he  would  allot  to  Mr  Fenwick  in  Part  of  his  Lady's  Por- 
tion— which  Letter  is  mislaid 

That  Mr  Fenwick  produced  a  Letter  dated  23d  December  from 
Mr  Stuart  directed  to  Mr  Ballingal  wherein  he  tells  Mr.  Ballingall 
that  if  it  is  agreeable  to  him  he  leaves  it  to  him  to  move  Twenty 
of  his  Hands  from  Maple  Cane  to  Mr.  Fenwick's  Plantation  at 
Ashepoo  And  that  he  Mr  Stuart  proposed  also  to  give  Orders  to 
Mr.  Charles  Shaw  to  remove  Ten  more  from  Lady's  Island  so  as  to 
be  at  Mr.  Fenwick's  in  February  following 

That  Mr.  Fenwick  informed  the  Committee  that  he  also  had 
received  a  Letter  from  Mr  Stuart  acquainting  him  that  he  had  wrote 
Letters  to  Mr  Balingall  and  Mr  Shaw  to  the  above  Purpose  That 
the  Letter  was  detained  in  the  Post  Office  at  Georgia  a  considerable 
Time  and  taken  up  (opened)  by  Mr.  Rose  who  brought  it  to  Mr. 
Fenwick  in  May  last  That  Mr.  Fenwick  in  Consequence  went  up  to 
Mr  Balingall  who  acknowledged  the  Receipt  of  Mr  Stuart's  Letter 
but  informed  Mr  Fenwick  that  the  Effects  of  Mr  Stuart  were  taken 
out  of  his  Hands  by  Order  of  the  Congress  otherwise  he  would  have 
complied  with  Mr.  Stuarts  Direction  Shaw  also  declared  to  Mr  Fen- 
wick that  he  would  have  delivered  up  the  Ten  Negroes  mentioned  in 
his  Letter  had  Mr  Stuart's  Effects  remained  in  his  Custody 

That  Mr.  Fenwick  had  no  Bill  of  Sale  or  other  Instrument  of 
writing  transferring  the  said  Slaves  to  him  but  is  assured  from  the 
Letter  received  from  Mr  Stuart  first  referred  to  that  it  was  Mr 
Stuart's  Intention  to  have  given  him  those  those  slaves  as  Part  of 
his  Wife's  Portion  and  the  Orders  given  to  Mr.  Balingall  he  con- 
siders as  an  Evidence  of  such  his  Intention 

That  Mr.  Fenwick  informed  the  Committee  that  there  are  now 
brought  to  Charles  Town  seized  on  attachment  Ten  of  the  Slaves 
belonging  to  Mr  Stuart  from  Maple  Cane  besides  a  considerable 
number  already  sold  That  the  Crop  now  on  the  Ground  must  be 
lost  for  want  of  negroes  to  harvest  it  That  if  the  Crop  of  the  last 
year  lying  on  Hand  together  with  the  Indico  made  the  present  year 
were  put  into  his  Hands  he  could  by  the  Proceeds  thereof  pay  off 
the  attachments  on  which  the  negroes  were  seized  and  redeem  the 
negroes  now  in  the  Custody  of  the  sheriff  which  would  afford  them 
the  means  of  saving  some  Part  of  the  Crop  on  the  Ground  which 
must  otherwise  inevitably  be  lost 

That  he  will  give  security  to  apply  the  Effects  put  into  his  Hands 
solely  to  the  Payment  of  the  Just  Debts  of  Mr  Stuart  and  account 


with  any  Person  the  House  will  appoint  for  die  Residue  of  the 
sales 

That  on  the  above  State  of  Facts  which  Mr  Fenwick  is  ready  to 
attest  upon  Oath  the  Committee  are  of  Opinion  that  it  appears  to 
have  been  the  Intention  of  Mr  Stuart  to  have  given  to  Mr  Fenwick 
his  Son-in-law  thirty  negroes  in  Part  of  his  Wife's  Portion  But 
inasmuch  as  there  is  no  Deed  or  regular  Transfer  for  that  Purpose 
from  Mr  Stuart  obligatory  upon  him  the  Committee  are  of  Opinion 
that  the  Presumption  arising  from  the  Letters  wrote  by  Mr  Stuart 
is  not  sufficient  in  Law  to  vest  the  Property  of  the  said  slaves  abso- 
lutely in  Mr  Fenwick.  But  as  it  is  clear  and  evident  by  the  Direc- 
tions given  to  Balingall  and  Shaw  that  Mr  Stuart  intended  at  least 
to  give  to  Mr  Fenwick  the  temporary  use  and  service  of  Thirty 
slaves  to  work  on  his  Plantation  at  Ashepoo  and  that  those  Persons 
would  have  put  Mr.  Fenwick  into  the  quiet  Possession  of  them  if 
they  had  not  been  prevented  by  the  Orders  of  the  Congress  which 
dispossessed  them  of  the  Power  over  Mr  Stuart's  Effects 

That  the  Committee  are  of  Opinion  it  would  be  detrimental  and 
grievous  to  sell  the  Negroes  of  Mr  Stuart  for  the  Payment  of  his 
Debts  while  there  is  a  sufficient  value  in  perishable  commodities  for 
that  Purpose  on  Hand  the  more  especially  as  the  present  Crop  on 
the  Ground  would  thereby  be  totally  lost  Thee  Committee  therefore 
recommend  That  the  parochial  Committees  who  are  in  Possession  of 
the  Rice  and  Indico  belonging  to  Mr  Stuart  be  directed  to  dispose 
of  the  same  and  apply  the  Proceeds  to  the  Payment  of  the  just  and 
legal  Debts  of  Mr  Stuart  holding  the  Residue  if  any  there  is  in  their 
Hands  subject  to  the  Disposal  of  this  House  And  that  they  lodge 
in  the  Hands  of  the  Commissioners  of  the  Treasury  a  faithful  and 
exact  account  of  such  sale  and  Payments 

Ordered  That  Leave  be  given  to  bring  in  an  Ordinance  for  provid- 
ing Juries  for  Beaufort  District  at  the  next  November  Court 

Mr  Attorney  General  presented  to  the  House  according  to  Order 
an  Ordinance  for  providing  Juries  for  Beaufort  District  at  the  next 
November  Courts — And  the  same  was  received  and  read  the  First 
Time 

Ordered  That  the  Ordinance  be  read  a  Second  Time 

Ordered  That  Colonel  Pinckney  and  Mr  Ralph  Izard  together 
with  some  member  of  the  Legislative  Council  examine  and  compare 
the  ingrossed  Ordinance  for  appointing  Commissioners  for  selling 
certain  East-India-Teas  imported  from  Great-Britain  into  this  State 


57 

and  for  applying  the  monies  arising  therefrom  to  the  use  of  the  said 
State 

An  Ordinance  for  providing  Juries  for  Beaufort  District  at  the 
next  N'ovember  Courts  was  read  a  Second  Time 

Ordered  That  the  Ordinance  be  sent  to  the  Legislative  Council 

Ordered  That  the  Honourable  Mr.  Justice  Matthews  and  Colonel 
Garden  do  carry  the  Ordinance  to  the  Legislative  Council 

Ordered  That  Colonel  Pinckney  and  Mr.  Attorney  General  be 
added  to  the  Committee  appointed  to  bring  in  a  Bill  for  appointing 
Commissioners  to  superintend  the  naval  affairs  of  this  State 

Colonel  Pinckney  reported  That  Mr.  Izard  and  himself  with  two 
members  of  the  Honourable  the  Legislative  Council  had  examined 
and  compared  the  ingrossed  Ordinance  they  had  in  Charge  and 
that  they  found  it  exact 

Ordered  That  the  Honourable  Mr  Edwards  and  Mr  Ralph  Izard 
do  wait  upon  the  President  with  the  ingrossed  Ordinance  in  order 
to  have  the  Seal  affixed  and  to  desire  to  know  when  His  Excellency 
will  be  pleased  to  be  attended  by  the  House  to  present  the  said 
Ordinance  for  his  assent 

Mr.  Harrington  reported  from  the  Committee  to  whom  the  Presi- 
dent's Message  of  the  23d  Instant  and  Papers  relative  to  erecting  a 
Fort  at  Cheraw-Hill  were  referred  And  he  read  the  Report  in  his 
Place  and  afterwards  delivered  it  in  at  the  Clerk's  Table  where  the 
same  was  read  and  is  as  followeth 

That  they  having  examined  the  Petition  for  and  against  building 
a  stockade  Fort  at  the  Cheraws  are  of  Opinion  That  a  Fort  in  that 
secure  part  of  the  Country  is  intirely  useless 

And  are  further  of  Opinion  That  the  keeping  of  Guard  of  Three 
Hundred  Men  in  June  and  July  last  and  of  Fifty  men  in  August 
and  the  present  Month  at  the  said  Place  was  a  measure  not  only 
unnecessary  and  expensive  to  the  state  but  detrimental  and  destruct- 
ive to  the  Crops  of  many  of  the  Poor  Inhabitants — They  therefore 
recommend  That  the  said  Guard  of  Fifty  men  JDC  immediately  dis- 
charged 

And  whereas  a  Quantity  of  Gun-Powder  and  Lead  was  by  Order 
of  Congress  lodged  in  the  Hands  of  the  Committee  for  St  David's 
Parish  for  the  use  of  the  Militia  Part  of  which  Powder  and  Lead 
has  been  drawn  out  of  their  Hands  by  Orders  of  the  Commanding 
Officer :  your  Committee  therefore  recommend  That  Orders  be  given 
to  the  said  Commanding  Officer  to  return  the  said  Powder  and  Lead 
to  the  aforesaid  Committee 


58 

Ordered  That  the  Report  be  taken  into  Consideration  To-morrow. 

The  Honourable  Mr  Edwards  reported  That  Mr  Izard  and  himself 
had  according  to  Order  waited  on  the  President  with  the  in- 
grossed  Ordinance  and  Message  they  had  in  Charge  And  that  His 
Excellency  was  pleased  to  say  The  House  should  hear  from  him. 

And  then  the  House  adjourned  till  To-morrow  Morning  Eleven 
of  the  Clock. 

Friday  the  27th  Day  of  September  1776 

The  House  met  according  to  adjournment, 

Read  the  Journals  of  Yesterday's  Proceedings, 

The  House  being  informed  by  a  member  that  a  Cargo  of  Salt 
had  arrived  in  this  Harbour  yesterday,  and  that  the  Time  limitted 
for  the  Purchase  of  that  Article  by  certain  Commissioners  had 
expired  the  Day  before 

Resolved  That  Messrs.  John  Dawson,  Edward  Lightwood,  John 
Poaug,  Joseph  Atkinson,  William  Ancrnm,  James  Fisher,  and  Al- 
exander Chisolme  be  and  they  are  hereby  appointed  Commissioners 
to  purchase  the  salt  now  in  this  Harbour  on  board  the  sloop  Mar- 
garet And  that  they  have  authority  to  allow  such  a  liberal  Price  for 
the  same  as  may  encourage  the  further  Importation  thereof  and  to 
draw  upon  the  Public  Treasury  for  the  amount  of  the  said  Purchase. 

Ordered  That  Colonel  Mclntosh  Mr  Howe  Mr  Moore  Mr.  Robin- 
son Captain  Townsend  Captain  Leger  and  Mr  Young  be  a  Commit- 
tee to  consider  and  report  to  the  House  the  most  equitable  way  of 
disposing  and  distributing  of  salt  amongst  the  Inhabitants  of  this 
State 

Resolved  That  if  any  Salt-Works  shall  hereafter  be  set  up  or 
established  on  any  Part  of  the  Sea-Coast  of  this  State  at  the  Ex- 
pence  and  Risk  of  Individuals  and  the  same  shall  be  destroyed  or 
damaged  by  any  Enemy  of  this  State  This  House  will  indemnify  the 
sufferer  or  sufferers  One  Half  of  his  or  their  Loss  or  Damage  so 
sustained  provided  Jie  or  they  shall  not  have  sold  any  Salt  made  at 
such  Works  for  more  than  Twenty-five  shillings  per  Bushel. 

Ordered  That  the  foregoing  Resolution  be  printed  and  made 
public 

A  Petition  of  John  Vauchier  of  the  Town  of  Purrysburg  was  pre- 
sented to  the  House  and  read  in  the  following  Words. 

That  for  the  Term  of  Twelve  Years  and  upwards  the  Petitioner 
hath  kept  at  his  own  Expence  a  Ferry  with  proper  Boats  and  Hands 
for  the  Purpose  of  conveying  and  transporting  Passengers  with 


59 

their  Horses  and  Carriages  from  Purrysburg  aforesaid  to  Abercorn 
and  the  Town  of  Savannah  in  Georgia  That  as  far  as  the  same  hath 
been  in  the  Power  of  the  Petitioner  he  hath  used  every  Dispatch  and 
given  every  necessary  attendance  that  could  be  expected  from  a  man 
in  his  slender  Circumstances  and  for  the  same  received  certain  Rates 
of  Ferriage  as  have  been  paid  and  given  for  a  number  of  years  That 
from  the  great  advantage  that  would  arise  by  a  quick  Communica- 
tion between  the  Two  States  of  South  Carolina  and  Georgia  the 
Petitioner  is  emboldened  to  state  the  same  to  the  Honourable  House 
And  therefore  humbly  prays  that  the  House  will  be  pleased  to  take 
the  same  into  Consideration  and  by  some  necessary  Law  to  be  passed 
for  that  Purpose  to  vest  the  said  Ferry  in  the  Petitioner  and  his 
assigns  for  a  Term  of  years,  so  that  the  same  be  considered  as  a 
public  Ferry  from  Purrysburg  as  aforesaid  to  Abercorn  or  Savannah 
as  may  be  most  convenient  to  Travellers  and  that  he  by  Law  be 
intitled  to  receive  such  Rates  of  Ferriage  as  may  be  regulated  by 
the  House  so  that  the  same  be  equivelent  to  the  Expence  he  may  be 
at  And  further  that  the  House  will  be  pleased  to  take  his  case  fully 
into  Consideration  and  grant  him  such  Relief  as  the  same  may 
require. 

Read  also  a  Certificate  with  thirteen  names  subscribed  thereto 
annexed  to  the  Petition  that  a  Public  Ferry  from  the  Town  of 
Purrysburg  would  be  of  great  service  to  South  Carolina  and  Geor- 
gia And  a  Letter  dated  the  I7th  Instant  subscribed  by  thirty-five 
Inhabitants  of  the  Parish  of  St  Peter  and  addressed  to  Philotheos 
Chiffelle  against  Mr.  Yauchier's  Petition. 

Ordered  That  the  said  Petition  and  Letter  be  referred  to  the  fol- 
lowing Committee  (viz)  Major  Cattell  Mr  Brisbane  Mr.  McPherson 
Colonel  Garden  and  Colonel  Mclntosh 

The  Honourable  Mr  Lowndes  reported  from  the  Committee  to 
whom  the  Presidents  Message  of  the  25th  Instant  was  referred  And 
he  read  the  Report  in  his  Place  and  afterwards  delivered  it  at  the 
Clerk's  Table  where  the  same  was  read  and  is  as  followeth. 

That  subjecting  Prisoners  of  War  to  a  state  of  Slavery  inde- 
pendent of  any  Consideration  of  the  Illegality  of  such  a  measure 
would  involve  this  State  in  many  Difficulties  obstruct  and  impede  a 
future  Peace  give  the  Indians  a  Precedent  that  may  be  fatal  to  those 
of  our  own  People  who  may  unfortunately  fall  into  their  Hands  and 
prevent  a  mutual  Exchange  of  Prisoners  an  object  cf  too  much  Con- 
sequence to  be  put  out  of  our  Power. 


6o 

That  in  the  Opinion  of  the  Committee  it  is  not  adviseable  or 
proper  to  give  any  Encouragement  to  the  Forces  now  acting  against 
the  Cherokee  Indians  to  expect  that  the  Property  of  such  Indians  as 
may  be  taken  Prisoners  should  be  vested  in  the  Captors  and  be  made 
Slaves  but  on  the  Contrary  that  public  Declarations  should  be  made 
to  prevent  any  such  Expectations. 

Your  Committee  as  an  Encouragement  to  those  who  shall  distin- 
guish themselves  in  the  War  against  the  Cherokees  recommend  the 
following  Rewards 

For  every  Indian  Man  killed  and  Certificate  thereof  given  by  the 
Commanding  Officer  and  the  scalp  produced  as  an  Evidence  thereof 
in  Charles  Town  by  the  Forces  in  the  Pay  of  this  State  One  Hun- 
dred Pounds  Currency 

For  every  Indian  Alan  Prisoner  One  hundred  and  Twenty-five 
Pounds 

For  every  other  Prisoner  One  Hundred  and  Pounds 

Resolved  That  the  Report  be  taken  into  Consideration  imme- 
diately 

The  First  and  Second  Clauses  of  the  Report  being  read  were 
severally  agreed  to  by  the  House 

The  Third  Clause  being  read  and  a  Debate  arising  thereon 

A  Motion  was  made  that  the  Reward  for  Indian  Men's  Scalps 
should  be  seventy-five  Pounds 

A  the  Question  being  put 

The  House  divided 

Teller  for  the  Yeas  Colonel  Pinckney — 48 

Teller  for  the  Nays  Major  Cattell — 29 

So  it  was  Resolved  in  the  Affirmative 

A  Motion  was  made  that  the  Reward  for  taken  Indian  Men  Prison- 
ers should  be  One  Hundred  Pounds. 

And  the  Question  being  put 

Resolved  in  the  Affirmative 

A  Motion  was  then  made  That  the  Reward  for  every  other  Pris- 
oner should  be  One  Hundred  Pounds 

And  the  Question  being  put 

It  passed  in  the  negative 

A  Motion  was  made  That  the  said  Reward  should  be  Ninety- 
Pounds 

And  the  Question  being  put 

That  also  passed  in  the  Negative 


6i 

A  Motion  was  then  made  that  the  said  Reward  should  be  Eighty 
Pounds 

And  the  Question  .being  put 

Resolved  in  the  Affirmative. 

And  the  Report  as  amended  and  agreed  to  is  as  followeth. 

That  subjecting  Prisoners  of  War  to  a  state  of  Slavery  independ- 
ent of  any  Considerations  of  the  Illegality  of  such  a  Measure  would 
involve  this  State  in  many  Difficulties  obstruct  and  impede  a  future 
Peace  give  the  Indians  a  Precedent  that  may  be  fatal  to  those  of 
our  People  who  may  unfortuately  fall  into  their  Hands  and  prevent 
a  mutual  Exchange  of  Prisoners  an  Object  of  too  much  Consequence 
to  be  put  out  of  our  Power 

That  in  the  Opinion  of  your  Committee  it  is  not  adviseable  or 
proper  to  give  any  Encouragement  to  the  Forces  now  acting  against 
the  Cherokee  Indians  to  expect  that  that  the  Property  of  such  In- 
dians as  may  be  taken  Prisoners  should  be  vested  in  the  Captors  and 
be  made  Slaves — But  on  the  Contrary  that  Public  Declarations 
should  be  made  to  prevent  such  Expectations 

Your  Committee  as  an  Encouragement  to  those  who  shall  distin- 
guish themselves  in  the  War  against  the  Cherokees  recommend  the 
following  Rewards  (to  wit.) 

For  every  Indian  Man  killed  upon  Certificate  thereupon  given  by 
the  commanding  officer  and  the  Scalp  produced  as  an  Evidence 
thereof  in  Charles-Town  by  the  Forces  in  the  Pay  of  this  State 
Seventy-five  Pounds  Currency. 

For  every  Indian  Man  Prisoner  One  Hundred  Pounds  like  Money 

For  every  other  Prisoner  Eighty  Pounds  like  Money. 

Ordered  That  a  Message  be  sent  to  the  President  with  a  Copy  of 
the  above  Report  as  agreed  to  by  the  House 

Message  to  the  President 

May  it  please  your  Excellency, 

This  House  having  referred  your  Excellency's  Message  of  the 
25th  Instant  recommending  that  suitable  Encouragement  should  be 
given  to  those  shall  distinguish  themselves  in  the  War  against  the 
Cherokees  to  the  Consideration  of  a  Committee  who  reported  thereon 
do  herewith  se.nd  your  Excellency  a  Copy  of  the  said  Report  as 
agreed  to  by  the  House. 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Ordered  That  Colonel  Pinckney  and  Colonel  Gervais  do  wait  on 
his  Excellency  with  the  said  Message 


62 

Message  from  the  President  by  the  Clerk  of  the  Legislative  Coun- 
cil 

Mr  Speaker 

His  Excellency  the  President  is  now  in  the  Council  Chamber 
ready  to  receive  this  House  with  the  Ordinance  they  have  to  pre- 
sent, 

And  then  the  Messenger  withdrew 

The  House  accordingly  attended  the  President  in  the  Council- 
Chamber 

And  being  returned 

Mr  Speaker  reported  That  this  House  having  attended  the  Presi- 
dent in  the  Council-Chamber  His  Excellency  had  been  pleased  to 
give  his  Assent  to, 

An  Ordinance  for  appointing  Commissioners  for  selling  certain 
East-Indi  Teas  imported  from  Great-Britain  into  this  State  and  for 
applying  the  Monies  arising  therefrom  to  the  Use  of  the  said  State 

The  Clerk  of  the  Legislative  Council  brought  from  that  House  an 
Ordinance  for  providing  Juries  for  Beaufort  District  at  next  Novem- 
ber Courts — Read  twice  in  the  Legislative  Council 

Resolved  That  the  Ordinance  be  read  a  Third  Time 

And  the  same  being  read  accordingly 

Resolved  That  the  Ordinance  do  pass 

Ordered  That  the  Honourable  Mr  Justice  Matthews  and  Colonel 
Garden  do  carry  the  Ordinance  to  the  Legislative  Council  for  their 
Concurrence 

Mr  Hall  reported  from  the  Committee  to  whom  the  memorial  of 
the  Vestry  of  St  Philip's  Parish  was  referred  And  he  read  the 
Report  in  his  Place  and  afterwards  delivered  it  in  at  the  Clerk's 
Table  where  the  same  was  read  and  is  as  followeth, 

That  by  inquiring  they  find  the  annual  Expence  of  maintaining  the 
Poor  of  Charles  Town  to  be  about  Fourteen  Thousand  Pounds  Cur- 
rency— That  the  Vestry  of  St  Philip's  Parish  who  have  that  Trust 
reposed  in  them  have  been  under  the  necessity  of  borrowing  the 
Sum  of  Six  Thousand  Pounds  towards  supporting  the  said  Poor  of 
Charles-Town  exclusive  of  what  this  House  have  already  lent  them 
both  which  Sums  are  expended  and  many  accounts  now  unpaid 

That  it  is  at  present  impracticable  to  assess  the  Inhabitants  of 
Charles-Town  for  a  Poor  Tax  the  Time  limitted  by  Law  being  ex- 
pired and  the  Removal  of  so  many  of  them  from  Town  would  if  it 
were  practicable  make  the  Tax  so  heavy  upon  those  who  had  Virtue 


03 

enough  to  remain  in  Town  during  the  Time  of  Trial  and  Danger 
as  to  render  the  Burthen  intolerable  and  by  no  means  equitable 

Your  Committee  therefore  recommend  That  this  House  do  lend 
theArestry  of  St  Philip's  a  sum  not  exceeting  Fourteen  Thousand 
Pounds  Currency  whereby  they  may  be  enabled  to  pay  off  the  Debt 
they  have  contracted  and  to  support  the  Poor  until  a  Just  and  equita- 
ble Tax  may  be  levied  by  Order  of  this  House. 

Ordered  That  the  Report  be  taken  into  Consideration  To-mor- 
row. 

Ordered  That  the  Order  of  the  Day  for  considering  the  Report 
on  the  Message  and  Papers  relative  to  a  Fort  at  Cheravv  Hill  be 
discharged  And  that  the  Consideration  of  the  said  Report  be  post- 
poned. 

Ordered  That  Mr.  Joseph  Howe,  Mr  Caldwell  Mr  Williams  and 
Mr  Robinson  be  added  to  the  Committee  on  the  Militia  Law. 

The  Honourable  Mr  Edwards  presented  to  the  House  according  to 
Order  a  Bill  for  establishing  a  Board  of  Commissioners  to  super- 
intend and  direct  the  Naval  Affairs  of  the  State  of  South  Carolina 
And  the  same  was  received  and  read  the  First  Time 

Ordered  That  the  Bill  be  read  a  Second  Time 

Mr.  Attorney  General  reported  from  the  Committee  to  whom  was 
referred  the  Presidents  message  respecting  the  Salaries  of  the  Secre- 
tary and  Messengers  of  the  Privy  Council  and  a  Paymaster  to  the 
Militia  And  he  read  the  Report  in  his  Place  and  afterwards  deliv- 
ered it  in  at  the  Clerk's  Table  where  the  same  was  read  in  the  words 
following 

That  they  are  of  Opinion  the  following  Salaries  or  allowances  to 
the  said  Persons  in  manner  herein  after  mentioned  are  reasonable 
and  adequate  to  the  respective  services  of  such  Persons  (that  is  to 
say) 

To  the  secretary  of  the  Privy  Council  Two  Thousand  Pounds 
Currency  to  be  allowed  him  annually  by  the  State  for  the  services 
of  that  Office. 

To  the  Two  Messengers  of  the  Privy  Council  the  sum  of  Three 
Hundred  and  Fifty  Pounds  Currency  each  to  be  allowed  annually 
by  the  State,  And 

To  the  Paymaster  of  the  Militia  the  Sum  or  allowance  of  Three 
Pounds  and  Ten  Shillings  and  Two  Rations  for  each  Day  dur- 
ing the  Continuance  of  that  Office. 

Ordered  That  the  Report  be  taken  into  Consideration  To-morrow 

It  being  moved  and  seconded  That  a  Message  be  sent  to  the  Presi- 


dent  requesting  that  His  Excellency  would  lay  before  this  House 
such  Letters  and  Papers  as  he  may  have  received  relative  to  burning 
the  Houses  and  seizing  and  selling  the  Goods  of  Richard  Pearis, 

Ordered  That  a  Message  be  prepared  to  be  sent  to  his  Excellency 
accordingly 

And  then  the  House  adjourned  till  To-morrow   morning  Half 

past  Ten  of  the  Clock. 

. 

Saturday  the  28th  Day  of  September.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  Yesterday's  Proceeding 

Ralph  Humphries,  Thomas  Taylor  and  William  Strother  Esquires 
took  the  Oath  required  by  the  Constitution  and  their  seats  as  Mem- 
bers of  the  House 

Colonel  Pinckney  reported  that  Coloner  Gervais  and  himself  had 
delivered  the  Message  they  had  in  Charge  to  the  President 

Message  to  the  President 

May  it  please  your  Excellency 

This  House  request  That  your  Excellency  will  be  pleased  to  lay 
before  them  such  Letters  and  Papers  as  your  Excellency  may  have 
received  relative  to  burning  the  Houses  and  seizing  and  selling  the 
Property  of  Richard  Pearis 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Ordered  That  Colonel  Pinckney  and  Mr  DeSaussure  do  attend 
His  Excellency  with  the  said  Message 

Ordered  That  the  Second  Reading  of  the  Bill  for  establishing  a 
Board  of  Commissioners  to  superintend  and  direct  the  naval  affairs 
of  the  State  of  South  Carolina  be  postponed  till  Thursday  next 

The  House  then  proceeded  on  the  Order  of  the  Day  to  take  into 
Consideration  the  Report  of  the  Committee  to  whom  the  President's 
message  of  the  23d  Instant  and  Papers  accompanying  the  same  rela- 
tive to  a  Fort  at  Cheraw-Hill  were  referred 

And  the  First  Clause  of  the  Report  being  read  was  agreed  to  by 
the  House 

A  Motion  was  made  and  seconded  That  the  further  Consideration 
of  the  Report  be  postponed  And  that  a  message  be  sent  to  the  Presi- 
dent requesting  that  His  Excellency  will  be  pleased  to  lay  before 
this  House  the  Reasons  for  ordering  and  keeping  a  Guard  of  Three 
Hundred  Men  at  the  Cheraws  in  June  and  July  last  and  of  Fifty 
men  in  August  and  the  present  Month  at  the  same  Place. 


65 

Message  to  the  President 

May  it  please  your  Excellency, 

It  appearing  to  this  House  from  the  Report  of  a  Committee 
That,  a  Guard  of  Three  Hundred  men  had  been  kept  at  the  Cheraws 
in  June  and  July  last  and  of  Fifty  Men  in  August  and  the  present 
Month  This  House  requests  That  your  Excellency  will  be  pleased  to 
lay  before  them  the  Reasons  for  ordering  and  keeping  up  the  said 
Guards. 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same  • 

Ordered  That  Colonel  Pinckney  and  Colonel  Gervais  do  carry  the 
said  Message  to  the  President 

A  Motion  being  made  That  a  Person  now  about  to  depart  this 
State  for  Philadelphia  be  authorized  to  purchase  a  proper  Vessel 
there  and  load  the  same  with  Flour  Ship  Bread  Iron  and  Steel  upon 
account  of  this  State 

A  Debate  ensued 

And  the  Question  being  put  whether  Flour  should  be  one  of  the 
Articles  to  be  so  imported 

It  passed  in  the  Negative 

Ordered  That  Mr  Loocock  Mr.  Corbett  and  Mr.  Hall  be  a  Com- 
mittee to  consider  and  report  the  Quantity  and  different  Articles 
necessary  to  be  imported  from  Philadelphia  under  the  Direction  of 
the  Delegates  of  this  State  in  the  Continental  Congress. 

It  being  suggested  to  the  House  that  the  Property  of  Colonel 
Christopher  Gadsden  at  the  North  End  of  Charles-Town  had  been 
much  injured  by  the  salt  works  erecting  thereon  and  by  the  Stores 
upon  the  Wharf  having  been  turned  into  Barracks  for  Soldiers, 
Therefore 

Resolved  That  the  Commissioners  for  erecting  salt  works  in 
Charles-Town  be  forthwith  directed  to  desist  from  erecting  such 
works  and  to  cause  the  Banks  there  to  be  immediately  put  into  as 
good  Condition  as  they  were  when  taken  Possession  of  for  the  Pub- 
lic Service  And  that  a  message  be  sent  to  the  President  requesting 
that  His  Excellency  will  be  pleased  to  give  Directions  that  the  Stores 
upon  the  said  Wharf  and  which  have  been  turned  into  Barracks  be 
forthwith  evacuated  and  restored  to  their  former  State. 

Ordered  That  the  Consideration  of  the  Reports  on  the  memorial 
of  the  Vestry  of  St  Philips  Parish  and  the  Presidents  message  re- 
specting Salaries  for  the  Officers  of  the  Privy  Council  be  postponed. 

5— H.  C. 


66 

Ordered  That  the  Resolve  of  Yesterday  appointing  commission- 
ers to  purchase  a  Cargo  of  Salt  brough  in  the  Sloop  Margaret  be 
amended  by  inserting  the  words  "receive  and  store"  after  the  word 
"Purchase"  in  the  beginning  thereof  and  the  words  "and  "Charges" 
at  the  End 

And  then  the  House  adjourned  till  Monday  morning  Ten  of  the 
Clock 

Monday  the  3Oth  Day  of  September.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  last  Saturday's  Proceedings 

Michael  Leitner  Esquire  took  the  oath  prescribed  by  the  Constitu- 
tion and  his  Seat  as  a  member  > 

Colonel  Pinckney  reported  That  Colonel  Gervais  and  himself  had 
waited  upon  the  President  and  delivered  the  message  they  had  in 
Charge 

Mr  Loocock  reported  from  the  Committee  to  consider  and  report 
the  Quantities  and  different  Articles  necessary  to  be  imported  from 
Philadelphia  under  the  Direction  of  the  Delegates  of  this  State  And 
he  read  the  Report  in  his  Place  and  afterwards  delivered  it  in  at  the 
Clerk's  Table  where  the  same  was  read  in  the  following  words 

That  it  is  their  Opinion  application  should  be  made  to  our  Dele- 
gates at  Philadelphia  to  endeavour  to  procure  Two  Frigates  on  the 
Continental  Establishment  to  be  stationed  at  this  Port  particularly 
during  the  winter  when  they  can  be  of  little  service  to  the  northward 
which  with  our  own  armed  vessels  may  in  a  great  measure  secure 
our  Trade  by  obliging  the  Enemy  to  keep  so  many  Cruizers  as  will 
soone  tire  'them  out 

That  if  our  Delagates  think  proper  to  make  this  application  your 
Committee  would  recommend  that  the  said  Frigates  take  in  as  Bal- 
last One  Hundred  Tons  of  Bar  Iron  besides  the  following  Articles 

But  if  the  Frigates  cannot  be  spared  to  this  State  then  your  Com- 
mittee recommend  that  a  staunch  Brigantine  of  about  One  Hundred 
and  Fifty  Tons  be  procured  to  mount  Twelve  to  Sixteen  Carriage 
Guns  be  properly  manned  and  to  bring  as  many  supernumerary 
seamen  as  can  possibly  be  procured  in  which  the  said  articles  may  be 
shiped  viz 

Thirty  Tons  of  small  flatt  Bar  Iron  for  Waggon  Tire 

Ten  Tons  broad  thick  flatt  ditto  for  Axes 

Six  Tons  small  square  Iron 

Four  Tons  thick  square  Ditto  for  machine  or  Mill  Work, 


6? 

Forty  Faggots  square  Steel 

Two  Faggots  German  flatt  Ditto 

Ten  Tons  Plough-shear  moulds  half  with  a  thick  Land  Side  and 
Half  for  shovel  Ploughs 

One  Grace  Mill  Saw  Files  ^ 

Four  Groce  Whip  and  Cross-cut  Saw  Ditto 

Six  Groce  Hand  Saw  Ditto 

Twelve  Dozen  Philadelphia  made  Club  Axes 

One  Hundred  and  Fifty  Barrels  of  well  baked  Ship  Bread 
(Amounting  to  about  nine  Thousand  and  Five  Hundred  Pounds- 
Currency  exclusive  of  the  Brigantine) 

If  Cotton  or  Wool  Cards  can  be  procured  a  Groce  of  each 

If  Broad  Hoes  to  be  had  reasonable  Twelve  Groce 

Resolved  That  the  Report  be  taken  into  immediate  Consideration 

And  the  same  being  taken  into  Consideration  accordingly 

The  First  and  Second  Clauses  were  read  to  the  House  and  sever- 
ally amended  and  agreed  to 

While  the  House  was  in  Debate  upon  the  Third  Clause  of  the 
Report 

A  Motion  was  made  and  seconded  That  the  sense  of  the  House 
should  be  taken  whether  the  Members  of  the  late  Congress  who  had 
been  appointed  to  the  Places  of  Emolument  before  the  Constitution 
was  established  have  a  Right  to  sit  and  vote  in  the  present  General 
Assembly  without  being  re-elected 

And  the  sense  of  the  House  (without  a  Question  thereon)  was 
That  such  members  had  an  undoubted  Right 

The  House  then  proceed  in  the  Consideration  of  the  Third  Clause 
of  the  Report  and  the  same  being  read  after  several  amendments 
made  thereto  was  agreed  to  And  the  Report  as  amended  and  agreed 
to  is  as  followeth 

That  it  is  their  Opinion  application  should  be  made  to  our  Dele- 
gates at  Philadelphia  to  endeavour  to  procure  Two  or  more  Frigates . 
on  the  Continental  Establishment  to  be  stationed  at  this  Port 
particularly  during  the  Winter  when  they  can  be  of  little  service  to 
the  northward  which  with  our  armed  Vessels  may  in  a  great  measure 
secure  our  Trade  and  protect  our  Coasts. 

That  if  our  Delegates  succeed  in  this  Application  your  Committee 
would  recommend  That  the  sa^d  Frigate  take  in  as  Ballast  One  Hun- 
dred Tons  of  Bar  Iron  besides  the  articles  under-mentioned 

But  if  the  Frigates  cannot  be  obtained  or  if  they  should  not  be 
allowed  to  bring  those  articles  then  your  Committee  recommend  that 


68 

proper  small  Vessels  be  procured  to  bring  the  said  articles  of  a  light 
Draught  of  water  armed  with  Carriage  or  Swivel  Guns  properly 
manned  and  with  as  many  Supernumerary  Seamen  as  can  be  pro- 
cured or  that  the  Delegates  do  take  such  other  steps  as  they  shall 
think  expedient  to  procure  the  said  Articles  to  be  sent  to  this  State 
as  soon  as  possible  And  that  Mr.  Archibald  Gambell  be  recommended 
to  the  Delegates  as  a  proper  Person  to  assist  them  and  that  he  be 
desired  to  follow  their  Directions  in  procuring  the  said  Articles  and 
forwarding  the  Vessel  or  Vessels  in  which  the  same  are  to  be  brought 
viz. 

Sixty  Tons  of  small  flat  Bar  Iron  for  Waggon  Tire 

Twenty  Tons  broad  flat  thick  Ditto  for  axes 

Twelve  Tons  small  square  Iron 

Eight  Tons  thick  square  Ditto  fit  for  machine  or  mill  work. 

Eighty  Faggots  square  Steel 

Four  Faggots  German  flatt  Steel 

Twenty  Tons  Plough-Shear  moulds  half  with  a  thick  Land  side 
and  half  for  shovel  Ploughs 

Twenty-four  Dozen  Philadelphia  made  Club  axes 

As  many  mill  Saw  Cross  Cut  and  Whip  Saw  and  Hand  Saw  Files 
and  as  many  W'ool  and  Cotton  Cards  as  can  be  procured 

Three  Hundred  Barrels  of  well  baked  ship  Bread  And 

Five  Hundred  Reams  of  printing  Paper 

Message  from  the  President  by  the  Clerk  of  the  Legislative  Council 

Mr  Speaker  and  Gentlemen 

According  to  your  desire  I  send  herewith  Extracts  of  such  Parts 
of  Colonel  Williamson's  Thomas's  and  Neel's  Letters  to  me  as  relate 
to  burning  the  House  and  seizing  and  selling  the  Property  of  Richard 
Pearis  which  are  all  the  Papers  I  have  received  on  that  subject  except 
a  Petition  from  him  complaining  of  those  Acts  and  praying  for 
Redress 

John  Rutledge 
3Oth  September.  1776 

Read  the  Extracts  refen»ed  to  in  the  message — from  Colonel 
Williamson's  Letter  dated  28th  July  1776  from  Colonel  Thomas's 
dated  August  25th  and  from  Colonel  Neel's  dated  August  27th 

Ordered  That  the  said  Message  and  Extracts  be  referred  to  the 
Committee  upon  Mr  Pearis's  Petition  And  that  Mr  Joseph  Howe,  Mr. 
Jeans,  Mr.  Williams,  and  Mr.  Adams  be  added  to  the  said  Com- 
mittee. 


69 

The  Honourable  Mr.  Justice  Matthews  reported  that  Colonel 
Garden  and  himself  had  delivered  the  Ordinance  they  had  in  Charge 
to  the  Legislative  Council. 

The  Clerk  of  the  Legislative  Council  brought  from  that  House  an 
Ordinance  for  providing  Juries  for  Beaufort  District  at  the  next 
November  Courts  read  a  Third  Time  in  the  said  House 

Ordered  That  the  Ordinance  be  ingrossed 

It  being  suggested  to  the  House  that  upon  a  supposition  that  the 
seat  of  the  Honourable  Thomas  Heyward  became  vacant  in  Conse- 
quence of  his  being  absent  from  this  State  as  a  Delegate  at  the  Con- 
tinental Congress  a  new  Representative  for  Charles  Town  was  elected 
in  his  Room  and  that  such  Proceeding  was  irregular  and  invalid, 

It  was  therefore  moved  and  seconded  that  the  House  do  Resolve 
that  Mr  Heyward  has  a  Right  to  take  his  seat  notwithstanding  the 
said  Election 

And  it  was  Resolved  accordingly 

It  was  then  Debated  whether  the  member  who  had  been  elected  in 
the  Room  of  Mr  Heyward  had  a  Right  to  continue  sitting  as  a  mem- 
ber of  the  House 

And  after  sometime  spent  in  Debate 

Ordered  That  the  further  Discussion  of  this  subject  be  postponed 
till  To-morrow  morning 

Mr.  Speaker  laid  before  the  House  a  Letter  which  he  had  received 
from  George  Gabriel  Powell  Esquire  and  the  same  being  read  is  as 
follows 

Sir 

I  understand  there  are  Charges  of  an  extraordinary  nature 
against  me  laid  before  your  Honourable  House  I  humbly  request 
therefore  that  I  may  be  heard  in  my  Defence  by  a  Committee  before 
any  Resolution  is  taken  thereupon  trusting  that  I  shall  be  able  so  to 
acquit  myself  as  to  stand  fair  in  the  Opinion  of  my  Country  which 
is  above  all  Things  desirable  to 

Honourable  Sir 

Your  most  obedient 

Humble  Servant 

G.  G.  Powell 
Charles-Town 
3Oth  September.  1776 

Ordered  That  the  Consideration  of  the  said  Letter  be  postponed 

Upon  Motion 
t 


70 

Resolved  Thall  all  members  absent  from  the  service  of  this  House 
who  reside  within  Fifty  miles  of  Charles  Town  and  are  able  to  attend 
be  sent  for  at  their  own  Expence 

Ordered  That  the  Clerk  do  write  Letters  to  such  members  accord- 
ingly 

And  then  the  House  adjourned  till  To-morrow  morning  nine  of  the 
Clock. 

Tuesday  the  ist  Day  of  October.  1776 

The  House  met  according  to  Adjournment 

Read  the  Journals  of  yesterday's  Proceedings 

Major  Cattell  reported  from  the  Committee  to  whom  the  Petition 
of  John  Vauchier  was  referred  And  he  read  the  Report  in  his  Place 
and  afterwards  delivered  it  in  at  the  Clerk's  Table  where  the  same 
was  read  and  is  as  followeth 

That  they  have  considered  the  Petition  of  said  Vauchier  and  it 
appears  to  your  Committee  that  a  quick  Communication  between  the 
Two  States  of  Georgia  and  South-Carolina  will  be  of  great  Utility 
to  both  Countries  And  as  a  Ferry  fixed  at  Purrysburg  from  thence 
to  Savannah  and  Abercorn  in  Georgia  may  be  one  means  to  procure 
Dispatch  to  Travellers  are  of  Opinion  that  a  public  Ferry  should  be 
established  at  Purrysburg  from  thence  to  Savannah  and  Abercorn 
in  Georgia. 

And  as  Mr  Vauchier  has  been  at  some  Expence  in  purchasing 
Boats  to  accommodate  Travellers  recommend  that  the  Ferry  be 
vested  in  him  and  his  assigns  for  a  Term  not  exceeding  seven  years 

And  they  further  recommend  That  a  Law  may  be  brought  in  for 
those  Purposes 

Resolved  That  the  Report  be  taken  into  Consideration  immediately 

And  the  said  Report  being  read  a  Second  Time  was  agreed  to  by 
the  House. 

Ordered  That  Leave  be  given  to  bring  in  a  Bill  accordingly 

Ordered  That  Mr  DeSaussure  Mr.  Williamson  Colonel  Garden 
Major  Huger  and  Mr.  Josiah  Smith  Junior  be  a  Committee  to  con- 
sider and  report  the  best  way  of  procuring  and  keeping  a  Guard  upon 
Bloody  Point. 

Message  to  the  President 

May  it  please  your  Excellency 

This  House  having  appointed  a  Committee  to  consider  and 
report  what  Articles  were  necessary  to  be  imported  from  Phila- 
delphia for  the  Use  of  this  State  the  said  Committee  accordingly 
reported  a  Copy  of  which  Report  as  amended  and  agreed  to  by  the 


House  we  take  Leave  to  send  you  herewith  and  to  request  that  your 
Excellency  will  transmit  the  same  and  write  to  the  Delegates  for  this 
State  to  cause  the  several  Articles  and  the  Vessels  therein  men- 
tioned to  be  procured  and  sent  hither  as  soon  as  may  be  and  to  apply 
to  the  Congress  to  advance  the  money  that  may  be  necessary  upon 
the  Occasion  for  which  proper  Credit  will  be  given  by  this  State  in 
the  Pay  of  the  Troops  money  advanced  to  the  Indian  Commissioners 
and  otherwise  in  the  General  Cause  of  the  United  Colonies 

Ordered  That  the  message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Ordered  That  Mr.  Williamson  and  Doctor  Haig  do  carry  the  mes- 
sage to  the  President 

Message  from  the  President  by  the  Clerk  of  the  Legislative  Council 

Mr.  Speaker  and  Gentlemen 

On  the  jth  of  May  I  was  informed  by  a  Letter  from  the  Com- 
mittee of  Secrecy  War  and  Intelligence  in  North  Carolina  of  their 
having  received  advice  that  the  Enemy  who  then  lay  in  Cape-Fear 
River  had  planned  a  Descent  at  the  mouth  of  Little-River  near  the 
Borders  of  this  Colony  in  order  to  attempt  a  Passage  into  the  Back 
Country  of  that  by  the  Lake  of  Waccamaw  Having  Occasion  to 
confer  with  the  Honourable  Colonel  Powell  on  this  Subject  He 
urged  very  strongly  the  absolute  necessity  of  building  a  stockade 
Forf  and  keeping  a  Garison  at  the  Cheraw-Hill  as  a  security  against 
Incursions  of  the  Disaffected  about  Cross-Creek  and  for  preventing 
or  suppressing  Insurrections  which  they  might  occasion  amongst  our 
own  People  near  the  North-Carolina  Line — Events  which  might  be 
feared  especially  if  the  intended  junction  between  the  British  Forces 
and  the  Malcontents  in  that  Province  had  taken  Place  I  thought 
so  much  attention  and  Respect  due  to  the  Represention  of  a  Gentle- 
man in  his  Station  who  was  well  acquainted  with  that  Part  of  the 
Country  and  had  the  Command  of  a  large  Regiment  there  as  to  lay 
it  before  the  Council  for  their  advice  which  I  did  He  attended  them 
and  on  considering  what  he  offered  on  this  Head  they  were  unan- 
imously of  Opinion  that  it  was  necessary  to  erect  such  a  Fort  and 
keep  such  a  Garison  in  Consequence  of  which  I  gave  orders  for  that 
Purpose 

John  Rutledge 
30th  Septemr.  1776 

A  Petition  of  Philip  Will  was  presented  to  the  House  and  read 
in  the  following  words1 

1The  petition  was  not  copied,  and  there  is  still  a  blank  space  in  the  journal 
where  it  was  intended  to  be  entered. 


72 

Ordered  That  the  Petition  be  referred  to  the  same  Committee  to 
whom  the  Presidents  Message  of  the  26th  past  respecting  the  sala- 
ries to  the  Secretary  and  Messengers  to  the  Privy  Council  and  Pay 
Master  to  the  Militia  was  referred  and  that  Colonel  Mclntosh  Major 
Cattell  and  Major  Huger  be  added  to  the  said  Committee 

Then  the  House  proceeded  to  take  into  Consideration  the  Report 
of  the  Committee  to  whom  the  Memorial  of  the  Vestry  of  the  Parish 
of  St  Philip  was  referred 

And  the  said  Report  being  read  was  agreed  to  by  the  House 

Ordered  That  the  Commissioners  of  the  Treasury  do  advance  upon 
Loan  to  the  Vestry  of  St  Philip's  Parish  a  Sum  not  exceeding  Four- 
teen Thousand  Pounds  Currency  to  enable  them  to  pay  off  the  Debt 
they  have  contracted  and  to  support  the  Poor  until  a  Just  and 
equitable  Tax  may  be  levied  by  Law 

Resolved  That  this  House  will  ballot  for  Commissioners  to  super- 
intend and  direct  the  Naval  Affairs  of  the  State  of  South  Carolina 

And  the  House  having  proceeded  to  ballot  accordingly 

It  appeared  That  Edward  Blake  Thomas  Savage,  Josiah  Smith 
junior  Thomas  Corbett  Roger  Smith  George  Abbot  Hall  and  the 
Honourable  Thomas  Shubrick  Esquires  had  the  Majority  of  Votes 

A  Bill  for  establishing  a  Board  of  Commissioners  to  superintend 
and  direct  the  naval  affairs  of  the  State  of  South  Carolina  was  read 
a  Second  Time 

-And  the  names  of  the  Commissioners  being  inserted  and  several 
amendments  made  to  the  Bill 

Ordered  That  the  Bill  be  sent  to  the  Legislative  Council 

Ordered  That  Doctor  Haig  and  Mr  Hopson  Pinckney  do  carry  the 
Bill  to  the  Legislative  Council 

Colonel  Pinckney  presented  to  the  House  according  to  Order  "An 
Ordinance  for  ascertaining  the  manner  of  issuing  Orders  for  holding 
General  Courts-martial  for  the  trying  hearing  and  determining  of 
Crimes  and  Offences  committed  by  any  Persons  belonging  to  the 
South  Carolina  Regiments  on  the  Continental  Establishment  against 
the  Rules  and  Articles  for  their  Government"  And  the  same  was 
received  and  Ordered  to  be  read  the  First  Time  To-morrow 

Ordered  That  the  Commissioners  appointed  to  purchase  the  salt 
lately  imported  in  the  sloop  Margaret  do  sell  to  Francis  Adams 
Thomas  Jeans  and  Joseph  Howe  Esquires  members  for  the  District 
called  the  new  Acquisition  Fifty  Bushels  of  the  said  Salt  to  be  sent 
into  'the  said  District  and  sold  and  distributed  to  the  Inhabitants 


73 

thereof  at  such  Prices  and  in  such  Proportions  as  the  said  Commis- 
sioners shall  direct 

Ordered  That  Doctor  Haig  and  Mr  Hopson  Pinckney  dc>  with 
some  Member  of  the  Legislative  Council  examine  and  compare  the 
ingrossed  Ordinance  for  providing  Juries  for  Beaufort  District  at  the 
next  November  Courts. 

Ordered  That  Mr.  William  Moore  and  Mr.  John  James  have 
Leave  of  absence  from  the  Service  of  this  House 

And  then  the  House  adjourned  till  To-morrow  Nine  of  the  Clock. 

Wednesday  the  2d  Day  of  October.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  Yesterday's  Proceedings 

Mr  Williamson  reported  That  Doctor  Haig  and  himself  had 
delivered  the  Message  they  had  in  Charge  to  the  President 

Mr.  Young  reported  from  the  Committee  to  consider  and  report 
the  most  equitable  way  of  distributing  salt  amongst  the  Inhabitants 
of  this  State  And  he  read  the  Report  in  his  Place  and  afterwards 
delivered  it  in  at  the  Clerk's  Table  where  the  same  was  read  in  the 
following  words 

That  it  is  the  Opinion  of  the  Committee  That  every  Person  apply- 
ing for  salt  shall  produce  to  the  Commissioners  for  the  sale  thereof 
a  Certificate  from  any  Two  of  the  members  of  the  District  Commit- 
tee in  which  such  Person  is  resident  certifying  the  number  of  Persons 
in  Family  And  that  every  Family  consisting  of  six  Persons  shall  be 
allowed  one  Bushel  on  paying  for  the  same  and  so  in  Proportion  if  a 
greater  or  less  number 

That  the  several  Committees  be  directed  to  grant  such  Certificates 
at  the  Times  of  their  stated  meeting  and  that  no  Person  be  intitled  to 
more  than  one  Certificate 

Resolved  That  the  Report  be  taken  into  immediate  Consideration. 

And  the  Report  being  taken  into  Consideration  accordingly  and 
amended  was  agreed  to  and  is  as  followeth. 

That  it  is  the  Opinion  of  the  Committee  that  every  Person  applying 
for  salt  shall  produce  to  the  Commissioners  for  the  sale  thereof  a 
Certificate  from  any  Two  members  of  the  District  Committee  in 
which  such  Person  is  resident  certifying  the  Number  of  white  Per- 
sons in  Family  that  every  Family  consisting  of  six,  such  Persons 
shall  be  allowed  One. Half  Bushel  on  paying  for  the  same  and  so  in 
Proportion  if  a  greater  Number. 


74 

That  the  several  District  Committees  or  any  Two  members  of  such 
Committees  be  directed  to  grant  such  Certificates  upon  Application 
and  that  no  Person  be  intitled  to  more  than  One  Certificate  But 
Persons  who  continue  inimical  to  this  State  shall  not  be  intitled  to 
any  such  Certificate 

Ordered  That  the  above  Resolutions  respecting  the  Sale  and  Dis- 
tribution of  salt  be  forthwith  printed  and  Copies  thereof  delivered  to 
the  Members  of  this  House  v 

An  Ordinance  for-  ascertaining  the  manner  of  issuing  orders  for 
holding  General  Courts-martial  for  the  trying  hearing  and  determin- 
ing of  Crimes  and  Offences  committed  by  any  Persons  belonging  to 
the  South  Carolina  Regiments  on  the  Continental  Establishment 
against  the  Articles  for  their  Government"  was  read  the  First  Time 

Ordered  That  the  Ordinance  be  read  a  Second  Time 

And  the  same  being  read  accordingly 

Ordered  That  the  Ordinance  be  sent  to  the  Legislative  Council 

Ordered  That  Doctor  Haig  and  Mr  Pinckney  do  carry  the  Ordin- 
ance to  the  Legislative  Council 

Colonel  Pinckney  gave  notice  that  he  should  at  the  Third  Reading 
of  the  Ordinance  move  for  Leave  to  bring  in  a  Clause  to  be  added 
thereto  which  he  read  to  the  House  for  Information 

Doctor  Haig  reported  That  Mr  Pinckney  and  himself  had  delivered 
the  Bill  and  the  Ordinance  they  had  in  Charge  to  the  Legislative 
Council 

Ordered  That  Leave  be  given  to  bring  in  a  Bill  authorizing  the 
President  and  Commander  in  Chief  to  call  upon  the  Committees  in 
the  several  Parishes  and  Districts  throughout  this  State  for  such  a 
Number  of  Slaves  as  shall  be  thought  necessary  to  assist  at  the 
Public  Works  and  Fortifications  and  to  impower  the  said  Commit- 
tees to  fix  and  determine  the  Number  to  be  sent  by  the  Inhabitants 
of  their  respective  Districts 

Ordered  That  the  Honourable  Mr  Lowndes  the  Honourable  Mr 
Edwards  and  Colonel  Pinckney  be  a  Committee  to  prepare  and  bring 
in  such  a  Bill 

Doctor  Haig  reported  That  Mr  Pinckney  and  himself  with  a  Mem- 
ber of  the  Legislative  Council  had  examined  the  ingrossed  Ordinance 
for  providing  Juries  for  Beaufort  District  at  the  next  November 
Courts  and  they  found  the  same  truly  ingrossed. 

Oidered  That  Captain  Joiner  and  Mr  Howe,  do  attend  the  Presi- 
dent with  the  said  Ordinance  in  order  to  have  the  Seal  affixed  to  the 


'•  7S 

same  and  to  know  when  His  Excellency  will  be  pleased  to  receive 
this  House  to  present  the  Ordinance  for  his  assent 

The  House  then  proceeded  to  consider  whether  the  Member  who 
was  elected  in  the  Room  of  the  Honourable  Mr  Heyward  has  a  Right 
to  continue  his  seat  in  this  House  and  also  whether  the  other  Mem- 
bers for  Charles-Town  who  were  elected  on  the  pth  and  loth  Days 
of  September  last  upon  a  mistaken  supposition  of  Vacancies  ought  to 
continue  in  their  Seats 

After  sometime  spent  in  Debate 

A  Motion  was  made  That  Charles-Town  having  chosen  too  great 
a  number  of  Members  on  the  9th  and  loth  Days  of  September  last 
founded  upon  a  mistake  the  said  Election  should  be  declared  void 

And  the  Question  being  put 

Resolved  in  the  affirmative 

Resolved  That  the  Elections  on  the  said  Qth  and  loth  Days  of  Sep- 
tember last  for  the  Parishes  of  St  James  Santee  and  Prince  George 
Winyah  being  likewise  founded  on  mistakes  are  also  declared  null 
and  void 

Message  from  the  President  by  the  Clerk  of  the.  Legislative  Council 

Mr  Speaker  and  Gentlemen 

Lieutenant  Dogharty  declines  accepting  the  Command  of  the 
Brigantine  Comet 

John  Rutledge 
2d  October  1776 

The  Clerk  of  the  Legislative  Council  brought  from  that  House  an 
Ordinance  for  ascertaining  the  manner  of  issuing  orders  for  holding 
General  Courts-martial  for  the  Trying  hearing  and  determining  of 
Crimes  and  offences  committed  by  any  Persons  belonging  to  the 
South  Carolina  Regiments  on  the  Continental  Establishment  against 
the  Articles  for  their  Government — Read  twice  in  the  said  Council 

Ordered  That  the  Report  of  the  Committee  to  whom  the  Presi- 
dent's message  and  other  Papers  relative  to  the  building  of  a  Fort  at 
Cheraw  Hill  were  referred  be  recommitted  That  the  President's 
Message  of  yesterday  upon  the  same  Subject  and  Colonel  Powell's 
Letter  be  referred  to  the  same  Committee  and  that  Major  Huger 
Major  Simons  Mr.  Cantey  and  Captain  Roger  Smith  be  added  to  the 
said  Committee 

Ordered  That  Major  Simons  Mr  DeSaussure  Captain  Harleston 
and  Mr  Thomas  Waring  be  added  to  the  Committee  on  the  State  of 
the  Treasury  in  the  Room  of  Josiah  Smith  Junior  Thomas  Jones, 
and  John  Webb  Esquires  whose  Seats  have  been  declared  vacant 


76 

/ 

Ordered  That  the  Honourable  Mr  Heyward  and  Captain  Savage 
be  added  to  the  Committee  to  bring  in  a  Bill  to  secure  the  Estates  of 
Persons  absent  from  this  State  who  are  known  to  be  inimical  to  the 
Liberties  of  America  from  being  alienated  embezzled  or  diminished 
to  serve  as  a  Fund  hereafter  to  make  compensation  in  equal  Degree 
to  all  Persons  who  have  or  shall  sustain  Losses  by  the  British 
Forces"  in  the  Room  of  Mr  Attorney  General  and  Joshua  Ward 
Esquire  whose  Seats  also  have  been  declared  vacant 

The  House  then  proceeded  to  take  into  Consideration  the  Report 
of  the  Committee  to  whom  the  President's  Message  respecting  the 
salaries  or  allowances  to  the  Secretary  and  Messengers  of  the  Privy 
Council  and  a  Paymaster  to  the  Militia  was  referred 

And  the  First  Clause  of  the  Report  being  read  was  amended  and 
agreed  to  by  the  House 

Upon  reading  the  Second  Clause 

A  Motion  was  made  That  the  Messengers  be  allowed  a  Salary  of 
Five  Hundred  Pounds  a  year  each 

And  the  Question  being  put 

It  was  Resolved  in  the  Affirmative 

And  the  said  Clause  being  amended  accordingly  was  agreed  to 

Upon  reading  the  Third  Clause  a  debate  arose 

After  sometime  spent  thereon 

Ordered  That  the  further  Consideration  of  the  said  Clause  be  post- 
poned till  To-morrow 

And  the  said  Report  so  far  as  amended  and  agreed  to  is  as  fol- 
loweth 

That  the  Committee  are  of  opinion  the  following  salaries  or  allow- 
ances to  the  Persons  and  in  the  manner  herein  after  mentioned  are 
reasonable  and  adequate  to  the  respective  Services  of  such  Persons, 
(that  is  to  say.) 

To  the  Secretary  of  the  Privy  Council  Fourteen  Hundred  Pounds 
Currency  to  be  allowed  him  annually  by  the  state  for  the  services  of 
that  office 

To  the  Two  Messengers  of  the  Privy  Council  the  Sum  of  Five 
Hundred  Pounds  each  to  be  allowed  annually  by  the  State 

Captain  Joiner  reported  That  Mr  Howe  and  himself  had  waited 
upon  the  President  with  the  Ordinance  and  Message  they  had  in 
Charge  and  that  His  Excellency  was  pleased  to  say  "the  House 
should  hear  from  him" 

Colonel  Gervais  reported  from  the  Committee  to  whom  the  Memo- 
rial of  Richard  Pearis  was  referred  And  he  read  the  Report  in  his 


77 

Place  and  afterwards  delivered  it  in  at  the  Clerk's  Table  where  the 
same  was  read  in  the  following  words 

That  the  injuries  complajned  of  by  the  memorialist  would  be 
matter  more  proper  for  the  Inquiry  of  the  Courts  below  than  for  the 
Consideration  of  this  House  in  the  Ordinary  Course  of  affairs  But 
inasmuch  as  Prosecutions  against  the  Parties  complained  of  and  their 
attendance  to  answer  might  at  this  Juncture  prove  detrimental  to  the 
Public  Service  Your  Committee  recommend  that  Colonel  Thomas  be 
required  immediately  to  transmit  and  lay  before  this  or  the  next 
House  a  true  state  of  the  Case  And  also  that  he  will  immediately 
lodge  in  the  Public  Treasury  such  Money  Bonds  or  other  Securities 
as  he  may  have  taken  for  the  sale  of  Mr.  Pearis's  Goods  And  that 
the  sum  of  Seven  Hundred  Pounds  be  advanced  by  this  House  to 
the  Memorialist  upon  the  Security  of  such  Money  Bonds  &c  to  serve 
for  his  Occasions  until  the  matter  can  be  more  fully  considered 
Resolved  That  the  Report  be  taken  into  Consideration  To-morrow 
And  then  the  House  adjourned  till  To-morrow  Morning  nine  of 
the  Clock 

Thursday  the  3d  Day  of  October.  1776 

The  House  met  according  to  Adjournment 

Read  the  Journal  of  Yesterday's  proceedings 

Joshua  Toomer  Esquire  took  the  Oath  prescribed  by  the  Constitu- 
tion and  his  seat  as  a  Member  of  this  House 

The  House  according  to  the  Order  of  Yesterday  resumed  the  Con- 
sideration of  the  Third  Clause-  of  the  Report  of  the  Committee  on 
the  allowances  to  the  Secretary  and  Messengers  of  the  Privy  Council 
and  a  Paymaster  to  the  militia 

After  sometime  spent  in  Debate 

Ordered  That  it  be  referred  to  the  Committee  appointed  to  bring 
in  a  new  Militia  Law  to  prepare  and  insert  a  Clause  therein  ascertain- 
ing the  Duties  and  stating  the  Pay  of  a  Paymaster  General  of  the 
Militia. 

It  being  suggested  to  the  House  that  the  Place  appointed  on  the 
nth  Day  of  April  last  for  the  Election  of  Members  of  the  General 
Assembly  for  the  District  called  the  New  Acquisition  is  inconvenient 
and  improper 

Resolved  That  the  next  Election  for  the  New  Acquisition  shall  be 
held  at  the  House  of  Mr  John  Carnachan  in  the  said  District  and 
not  or  near  Colonel  Thomas  Neel's 

On  Motion, 


78 

Resolved  That  Expresses  be  forthwith  sent  by  the  Clerk  of  this 
House  into  the  several  Parishes  and  Districts  throughout  this  State 
to  acquaint  the  Church-Wardens  and  other  Persons  appointed  to 
manage  Elections  of  the  Times  and  Places  where  the  said  Elections 
are  to  be  held  and  to  deliver  to  them  printed  Instructions  for  man- 
aging the  said  Elections  as  well  as  blank  notices  to  be  filled  up  and 
posted  and  other  necessary  Papers 

The  Clerk  of  the  Legislative  Council  brought  from  that  House  A 
Bill  for  establishing  a  Board  of  Commissioners  to  superintend  and 
direct  the  naval  affairs  of  the  state  of  South  Carolina"  Read  a 
second  Time  in  the  said  Council 

On  Motion 

Resolved  That  the  Commissioners  for  the  Sale  of  Salt  be  impow- 
ered  to  sell  Salt  to  the  Owner  of  each  Waggon  and  Horses  that  bring 
Provisions  from  North-Carolina  in  the  same  Proportion  as  they  are 
directed  to  do  to  the  Inhabitants  of  this  State  upon  Affidavit  of  the 
number  of  white  Persons  in  their  respective  Families 

Mr  Harrington  gave  notice  that  he  should  on  or  about  the  ijth 
Instant  move  for  an  adjournment  of  this  House 

The  Honourable  Mr  Lowndes  presented  to  the  House  according  to 
Order  An  Ordinance  to  direct  the  manner  of  procuring  Negroes  to 
be  employed  in  the  public  Service  And  the  same  was  received  and 
read  the  First  Time. 

Ordered  That  the  Ordinance  be  read  a  Second  Time 

And  the  same  being  read  accordingly 

Ordered    That  the  Ordinance  be  sent  to  the  Legislative  Council 

Ordered  That  Mr  Ladson  and  Mr  MacPherson  do  carry  the  Ordin- 
ance to  the  Legislative  Council 

An  Ordinance  for  ascertaining  the  manner  of  issuing  orders  for 
holding  General  Courts-Martial  for  trying  hearing  and  determining 
of  Crimes  and  offences  committed  by  any  Persons  belonging  to  the 
South  Carolina  Regiments  on  the  Continental  Establishment  against 
the  Rules  and  Articles  for  their  Government"  was  read  a  Third  time 

Colonel  Pinckney  moved  for  Leave  to  bring  in  a  Clause  which  he 
had  prepared  to  be  added  to  the  ordinance 

And  the  same  being  presented  to  the  House  was  received  and  read 
Three  several  Times  and  agreed  to. 

Resolved  That  the  same  be  added  to  and  made  a  Part  of  the 
Ordinance 

And  the  same  being  added  accordingly 

Resolved  That  the  Ordinance  do  pass 


79 

Ordered  That  Captain  Scott  and  Captain  Joiner  do  carry  the 
Ordinance  to  the  Legislative  Council  for  their  Concurrence 

A  Petition  of  John  Thompson  and  Richard  Thompson  was  pre- 
sented to  the  House  and  read 

Ordered  That  the  Petition  be  referred  to  a  Committee 

And  it  is  referred  to  Major  Cattell  Mr.  Charles  Elliott  and  Colonel 
Gervais 

Ordered  That  Jacob  Richman  Esquire  have  Leave  of  absence 
from  the  Service  of  this  "House  on  account  of  the  Illness  of  his 
Family 

And  then  the  House  adjourned  till  To-morrow  morning  nine  of  the 
Clock 

Friday  the  4th  Day  of  October  1776 

The  House  met  according  to  adjournment 

Read  the  Journals  of  yesterday's  Proceedings 

Ordered  That  the  attendance  of  such  members  of  this  House  as 
are  Church- Wardens  in  any  of  the  Parishes  where  Elections  are  to  be 
held  on  Monday  and  Tuesday  next  be  dispensed  with  on  those  Days 

Message  to  the  President 

May  it  please  your  Excellency  » 

This  House  request  that  your  Excellency  will  be  pleased  to  give 
Directions  that  the  stores  upon  Colonel  Gadsden's  Wharf  be  forth- 
with evacuated  and  put  into  as  good  a  Condition  as  they  were  when 
taken  Possession  of  for  the  Public  service 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Ordered  That  Mr  John  Berwick  and  Mr.  Elias  Horry  Junior  do 
attend  His  Excellency  with  the  said  Message 

Mr  Berwick  reported  That  Mr  Horry  and  himself  had  delivered 
the  Message  they  had  in  Charge  to  the  President 

The  House  proceeded  to  a  Third  Reading  of  a  Bill  for  establish- 
ing a  Board  of  Commissioners  to  superintend  and  direct  the  naval 
affairs  of  the  State  of  South  Carolina 

But  it  appearing  upon  Reading  the  First  Clause  of  the  Bill  that 
the  Honourable  the  Legislative  Council  had  struck  out  the  name  of 
one  of  the  Commissioners  who  had  been  ballotted  for  by  this  House 
and  inserted  the  name  of  another  Gentleman  in  Stead, 

Resolved  That  this  House  will  immediately  proceed  to  ballot  for 
another  Commissioner 

The  House  proceeded  to  ballot  accordingly 


8o 

And  the  Ballots  being  reckoned 

Mr.  Speaker  reported  That  George  Smith  Esquire  had  the  Majority 
of  Votes 

Ordered  That  the  name  inserted  in  the  Bill  by  the  Legislative 
Council  be  struck  out  and  that  the  Name  of  George  Smith  Esquire 
be  inserted  instead  thereof 

Which  being  done  accordingly 

The  Bill  for  establishing  a  Board  of  Commissioners  to  superintend 
and  direct  the  naval  affairs  of  the  State  of  South  Carolina  was  read 
a  Third  Time 

Resolved  That  the  Bill  to  do  pass  and  that  the  Title  be  "an  Act" 

Ordered  That  Mr  Thomas  Waring  and  Mr  Keating  Simons  do 
carry  the  Bill  to  the  Legislative  Council  for  their  Concurrence 

Mr.  Waring  reported  that  Mr  Simons  and  himself  had  delivered 
the  Bill  they  had  in  Charge  to  the  Legislative  Council 

Mr.  DeSaussure  reported  from  the  Committee  to  consider  and 
report  the  best  way  of  procuring  and  keeping  a  Guard  upon  Bloody 
Point  And  he  read  the  Report  in  his  Place  and  afterwards  delivered 
it  in  at  the  Clerk's  Table  where  the  same  was  read  in  the  words  fol- 
lowing 

•  That  it  appears  to  the  Committee  absolutely  necessary  that  a  Guard 
should  be  kept  for  the  Protection  of  the  Southern  Parts  of  this  State 
And 

Recommend  That  a  Detachment  of  One  Hundred  Men  One  Cap- 
tain and  Four  subalterns  be  sent  from  either  of  the  Regiments  of 
Regulars  to  do  Duty  at  the  different  Places  now  guarded  by  the 
Militia  of  Colonel  Bulls  Regiment  Or  otherwise  by  raising  an  inde- 
pendent Company  of  the  like  Number  of  men  and  officers  for  that 
service 

Resolved  That  the  Report  be  taken  into  Consideration  immediately 

And  the  First  Clause  of  the  Report  being  read  was  agreed  to  by 
the  House 

Upon  reading  the  Second  Clause 

On  Motion 

Resolved  That  a  Message  be  sent  to  the  President  requesting  that 
His  Excellency  would  procure  and  order  to  be  laid  before  the  House 
a  state  of  the  Army  now  in  this  State  where  situate  and  upon  what 
services  And  that  the  further  Proceeding  in  the  Report  be  postponed 
till  such  state  shall  have  been  laid  before  the  House 

The  further  Proceeding  in  the  Report  was  postponed  accordingly 


8i 

Message  to  the  President 

May  it  please  your  Excellency 

We  request  that  your  Excellency  will  be  pleased  to  procure  and 
order  to  be  laid  before  this  House  a  state  of  the  army  now  in  this 
State  where)  situate  and  upon  what  services 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  the  same 

Ordered  That  Captain  Harlston  and  Mr  White  do  attend  the 
President  with  the  Message 

Captain  Scott  reported  That  Captain  Joiner  and  himself  had  deliv- 
ered the  ordinance  they  had  in  Charge  to^the  Legislative  Council 

Mr  Ladson  reported  That  Mr  Macpherson  and  himself  had  deliv- 
ered the  ordinance  they  had  in  charge  to  the  Legislative  Council 

Mr  Harrington  reported  from  the  Committee  to  whom  the  Second 
Clause  in  the  Report  on  the  President's  Message  of  the  23d  Ultimo 
and  the  Papers  accompanying  the  same  respecting  the  building  a 
Stockade  Fort  at  Cheraw  Hill  was  re-committed  and  His  Excel- 
lency's Message  of  the  ist  Instant  and  Colonel's  Powell's  Letter  of 
the  3oth  of  September  was  committed  And  he  read  the  Report  in  his 
Place  and  afterwards  delivered  it  in  at  the  Clerk's  Table  where  the 
same  was  read  and  agreed  to  by  the  House 

The  Third  Clause  of  the  said  Report  being  then  read  and  amended 
was  also  agreed  to  by  the  House 

And  the  Report  as  amended  and  agreed  to  is  as  followeth  That, 
They  having  examined  the  Petitions  for  and  against  building  a  stock- 
ade Fort  at  Cheraw-Hill  are  of  Opinion  That  a  Fort  in  that  secure 
Part  of  the  Country  is  enterely  useless 

That  they  have  heard  Colonel  Powell  on  the  subject  of  keeping  a 
Garison  at  the  Cheraws  and  on  full  Consideration  of  the  Matter  are 
of  opinion  that  a  Garrison  in  that  Part  of  the  Country  is  unnecessary 

And  whereas  a  Quantity  of  Gun-Powder  and  Lead  was  by  order 
of  Congress  lodged  in  the  Hands  of  the  Committee  of  St  David's 
for  the  use  of  the  Militia  part  of  which  Powder  and  Lead  has  been 
drawn  out  of  their  Hands  by  orders  of  the  Commanding  Officer  the 
Committee  do  therefore  recommend  that  orders  be  given  to  the  said 
Commanding  officer  to  return  such  Part  of  the  said  Powder  and  Lead 
as  remains  unused  to  the  aforesaid  Committee 

Colonel  Pinckney  presented  to  the  House  according  to  Order  a 
Bill  establishing  a  proper  Oath  of  Qualification  to  be  taken  by  the 
members  of  the  General  Assembly  and  for  other  Purposes  therein 
mentioned  And  the  same  was  received  and  read  the  First  Time 

Ordered  That  the  Bill  be  read  a  Second  Time 

6— H.   C. 


82 

Major  Cattell  reported  from  the  Committee  to  whom  was  referred 
the  Petition  of  John  and  Richard  Thompson  And  he  read  the  Report 
in  his  Place  and  afterwards  delivered  it  in  at  the  Clerk's  Table  where 
the  same  was  read  in  the  words  following 

That  the  Committee  on  Examination  into  the  allegations  set  forth 
in  the  Petition  found  the  Petitioners  had  been  confined  Two  years 
and  seven  months  for  the  non-payment  of  Fines  set  upon  them  by 
the  Courts  of  Justice  And  on  inquiring  into  the  Effects  of  John 
Thompson  whose  Fine  is  One  Thousand  Pounds  Sterling  he  has  sent 
a  List  of  his  Property  annexed  to  this  Report  And  he  declares  he  is 
ready  to  make  oath  that  h^is  a  true  state  of  his  Estate  The  other 
Petitioner  whose  Fine  is  one  Hundred  Pounds  Sterling  appears  to 
the  Commee  not  to  have  any  Property  whatever;  In  Consideration 
of  the  long  and  close  Imprisonment  of  the  Petitioners  and  the  111 
state  of  Health  of  John  Thompson  the  Committee  has  been  induced 
to  recommend  that  a  Resolution  of  this  House  be  sent  to  the  Hon- 
ourable the  Legislative  Council  for  their  Concurrence  and  to  His 
Excellency  the  President  for  his  assent  to  remit  the  Fines  laid  on  the 
said  Thompsons  on  the  express  Condition  that  they  shall  quit  the 
State  in  Three  Months  after  their  Releasment. 

Read  also  a  Paper  annexed  intitled  a  particular  account  of  the 
Property  of  John  Thompson  now  in  his  Possession. 

Ordered  That  the  Report  be  taken  into  Consideration  To-morrow. 

The  Clerk  of  the  Legislative  Council  brought  from  that  House  an 
Ordinance  to  direct  the  manner  of  procuring  Negroes  to  be  employed 
in  the  Public  Service  Read  twice  in  the  said  Council,  also, 

An  Ordinance  for  ascertaining  the  manner  of  issuing  Orders  for 
holding  General-Courts- Martial  for  the  trying  hearing  and  determin- 
ing of  Crimes  and  offences  committed  by  any  Persons  belonging  to 
the  South  Carolina  Regiments  upon  the  Continental  Establishment 
against  the  Rules  and  Articles  made  for  their  Government  And  for 
the  Encouragement  of  Persons  to  enter  into  the  service  of  this  State 

And  the  following  Message  to  wit 

In  the  Legislative  Council 

the  4th  Day  of  October  1776 

Mr.  Speaker  and  Gentlemen 

Upon  reading  a  Third  Time  an  Ordinance  for  ascertaining  the 
manner  of  issuing  orders  for  holding  General  Courts  Martial  for 
the  trying  hearing  and  determining  of  Crimes  and  Offences  com- 
mitted by  any  Persons  belonging  to  the  South  Carolina  Regiments  on 
the  Continental  Establishment  against  the  Rules  and  Articles  made 


83 

for  their  Government — This  House  is  of  opinion  that  the  following 
amendment  is  necessary  to  be  made  to  the  first  enacting  Clause  of  the 
said  Ordinance  (viz.) 

Between  the  word  "State"  and  the  word  "be"  the  words  "not  under 
the  Rank  c»f  a  Colonel  in  the  said  service"  be  inserted — To  which  we 
desire  the  Concurrence  of  your  House  and  have  returned  you  the 
ordinance  to  make  the  amendment  accordingly 

By  Order  of  the  House 

Thomas  Shubrick  President. 

Ordered  That  the  Ordinance  to  direct  the  manner  of  procuring 
negroes  to  be  employed  in  the  Public  Service  be  read  a  Third  Time 
To-morrow 

Message  to  the  Legislative  Council 

Honourable  Gentlemen 

This  House  concur  with  your  Honours  in  the  amendment  pro- 
posed to  the  ordinance  mentioned  in  your  message  of  this  Date  and 
desire  you  will  insert  the  words  "not  under  the  Rank  of  a  Colonel 
in  the  said  service"  between  the  word  "State"  and  the  word  "be" — 
for  which  Purpose  the  Ordinance  is  herewith  returned 

Ordered  That  the  message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Ordered  That  Mr  Hopson  Pinckney  and  Mr.  John  Cordes  do  carry 
the  message  to  the  Legislative  Council 

And  then  the  House  adjourned  till  To-morrow  morning  nine  of 
the  Clock. 

•  . 

Saturday  the  5th  Day  of  October.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  yesterday's  Proceedings 

Resolved  That  the  Inhabitants  in  the  several  Parishes  and  Districts 
throughout  this  State  do  at  the  Time  of  the  Election  of  Members  of 
the  General  assembly  also  ballot  for  and  elect  Committees  in  their 
different  Parishes  and  Districts  equal  to  the  numbers  heretofore 
appointed  for  the  Purposes  mentioned  in  the  Eleventh  Article  of  the 
Continental  Association  (to  wit)  attentively  to  observe  the  Conduct 
of  all  Persons  touching  the  said  association  and  also  for  the  Pur- 
poses resolved  on  by  the  Congress  of  this  State  held  in  January  1775, 
respecting  the  giving  Permission  to  bring  suits  at  Law  and  for  such 
other  Purposes  as  the  Committees  are  authorized  by  Resolutions  of 
Congress  or  are  or  shall  be  authorized  by  Laws  of  this  State  That 
the  Committees  or  anv  Three  or  more  of  the  members  of  such  Com- 


84 

mittees  respectively  except  the  Committees  for  Charles  Town  not 
less  than  Eleven  of  whom  can  do  Business  have  authority  to  put  the 
said  Laws  and  Resolutions  in  Execution  and  to  grant  Liberty  for 
commencing  Suits  And  that  the  Church  Wardens  and  other  man- 
agers of  Elections  of  members  of  the  General  Assembly  do  also 
manage  the  Election  of  the  said  Committees  respectively  And  that 
the  Clerk  of  this  House  do  forthwith  give  them  notice  of  this  Re- 
solve. 

The  Report  of  the  Committee  to  whom  the  Petition  of  John  and 
Richard  Thompson  was  referred  was  read  and  agreed  to  by  the 
House  without  any  Amendment 

Resolved  That  the  Fines  imposed  upon  John  and  Richard  Thomp- 
son confined  in  Charles-Town  Jail  be  remitted  on  the  express  Con- 
dition that  they  quit  the  State  within  Three  months 

Ordered  That  the  said  Resolution  be  sent  to  the  Legislative  Council 
for  their  Concurrence  and  to  the  President  for  his  assent 

The  House  then  proceeded  according  to  the  order  of  the  Day  to 
the  Third  Reading  of  "an  Ordinance  to  direct  the  manner  of  pro- 
curing negroes  to  be  employed  in  the  Public  Service" 

The  First  and  Second  Sections  being  severally  read  amended  and 
agreed  to 

upon  reading  the  Third  Section 

A  Motion  was  made  and  the  Question  put  whether  the  words 
"or  to  make  such  other  just  and  equitable  arrangement  or  Regulation 
in  the  Premises  as  may  best  suit  the  particular  Circumstances  of  the 
People  or  most  effectually  promote  the  Public  Good"  'between  the 
word  "Time,"  and  the  word  "Provided"  should  remain  a  Part  of  the 
section 

And  it  was  Resolved  in  the  affirmative 

The  other  Clauses  of  the  Ordinance  being  severally  read  amended 
and  agreed  to 

Resolved  That  the  Ordinance  do  pass 

Ordered  That  the  Ordiance  be  sent  to  the  Legislative  Council  for 
their  Concurrence 

Ordered  That  Captain  McQueen  and  Mr  Ladson  do  carry  the  same 
to  the  Legislative  Council 

The  Report  of  the  Committee  to  whom  the  memorial  of  Richard 
Pearis  was  referred  being  read 

Resolved  That  this  House  do  agree  with  the  Report  of  the  Com- 
mittee 

And  then  the  House  adjourned  till  Monday  Morning  nine  of  the 
Clock. 


85 

Monday  the  7th  Day  of  October.  1776 

The  House  met  according  to  Adjournment 

Read  the  Journal  of  Saturday's  Proceedings 

George  Pawley  Esquire  took  the  Oath  prescribed  by  the  Constitu- 
tion and  his  seat  as  a  Member 

Resolved  That  the  Speaker  of  this  House  do  issue  an  Order  upon 
the  Treasury  for  the  Sum  to  be  advanced  to  Richard  Pearis  as  recom- 
mended in  the  Report  agreed  to  last  Saturday 

Mr  Neufville  presented  to  the  House  a  Memorial  of  divers  Inhab- 
itants of  Charles  Town  And  the  said  memorial  was  received  and 
read  in  the  following  words 

That  your  memorialists  have  for  many  months  last  past  from  a 
Zeal  for  the  Interest  of  their  Country  and  for  the  Preservation  of  this 
Town  in  particular  constantly  done  every  kind  of  military  Duty 
therein  That  they  have  greatly  injured  their  Fortunes  by  neglect.ing 
their  private  Concerns  by  being  obliged  to  attend  to  such  Duty  both 
Night  and  Day  in  guarding  the  Town  and  the  several  Batteries  about 
the  same  That  they  apprehend  such  Duty  may  now  be  well  done 
by  a  Watch  Company  established  under  proper  Regulations  and  that 
the  Expence  incident  thereto  will  be  but  little  short  of  what  is  paid 
to  the  several  Companies  now  doing  Duty 

That  your  memorialists  are  always  ready  and  willing  to  step  forth 
in  Defence  of  their  Country  when  invaded  or  otherwise  required 
thereto 

Your  memorialists  therefore  humbly  pray  that  this  Honourable 
House  will  be  pleased  to  take  the  Premises  into  Consideration  and 
direct  (if  thought  expedient)  that  one  or  more  Watch  Companies 
be  immediately  raised  for  guarding  the  Town  and  the  several  Bat- 
teries and  Out-posts  in  and  about  the  same 

And  your  memorialists  as  in  Duty  bound  will  ever  pray 

Which  memorial  was  subscribed  by  Two  Hundred  and  ninety 
seven  names 

Ordered  That  the  memorial  be  referred  to  a  Committee 

And  it  is  referred  to  the  Honourable  Mr  Heyward  Mr  Neufville 
Mr  Anthony  Toomer  Captain  Roger  Smith  and  Captain  Leger 

The  House  then  proceeded  to  read  a  Second  Time  a  Bill  establish- 
ing a  proper  Oath  of  Qualification  to  be  taken  by  the  members  of 
the  General  Assembly  and  for  other  Purposes  therein  mentioned 

The  First  Section  of  the  Bill  being  read  and  amended  was 
agreed  to 


86 

Upon  reading  the  Second  Section 

A  Motion  was  made  for  an  amendment  thereto 

A  Debate  ensuing 

The  Question  was  put 

And  it  passed  in  the  negative 

Then  the  said  Section  being  read  through  was  also  agreed  to. 

The  Third  Section  being  read  was  amended  and  likewise 
agreed  to. 

A  Member  then  moved  for  Leave  to  bring  in  four  additional 
Clauses  to  the  Bill 

And  the  same  being  presented  to  the  House  were  received  severally 
read  twice  amended  and  agreed  to 

Ordered  That  the  said  Clauses  be  added  to  and  made  Parts  of  the 
Bill 

The  Bill  being  read  through  a  second  Time 

Ordered  That  the  Bill  be  sent  to  the  Legislative  Council 

Ordered  That  Mr  William  Scott  and  Mr.  Simon  Berwick  do  carry 
the  Bill  to  the  Legislative  Council 

A  Member  gave  notice  that  he  should  To-morrow  move  the  House 
for  Leave  to  bring  in  a  Bill  of  General  Amnesty 

The  Honourable  Mr  Heyward  moved  for  Leave  to  bring  in  a  Bill 
to  amend  an  Act  entitled  an  Act  to  impower  the  Court  of  Admiralty 
to  have  Jurisdiction  in  all  cases  of  Capture  of  Ships  and  other 
Vessels  of  the  Inhabitants  of  Great-Britain  Ireland  and  British  West- 
Indies  Nova  Scotia  and  East  and  West  Florida  to  Establish  the  Trial 
by  Jury  therein  and  for  other  Purposes  therein  mentioned  passed  the 
nth  Day  of  April  1776 

Ordered  That  Leave  be  given  accordingly 

Mr.  Corbett  reported  from  the  Committee  to  examine  the  Receipts 
of  the  Paymasters  of  the  several  Regiments  in  the  Service  of  this 
State  and  to  compare  them  with  the  Pay  Bills  which  are  or  ought  to 
be  lodged  in  the  Treasury  and  to  order  the  Balance  if  any  to  be  paid 
into  the  Treasury  And  he  read  the  Report  in  his  Place  and  after- 
wards delivered  it  in  at  the  clerk's  Table  where  the  same  was  read 

Ordered  That  the  said  Report  be  re-committed  And  that  the  Com- 
mittee have  it  in  charge  to  inquire  and  Report  to  the  House  how  the 
money  paid  to  the  Colonels  over  and  above  their  Pay  by  the  Pay- 
masters and  by  order  of  the  President  and  Council  of  Safety  and  by 
the  Public  Treasurers  has  been  disposed  of  And  that  the  said  Com- 
mittee have  Power  to  send  for  Persons  Papers  and  Records 


8? 

Mr  Howe  having  suggested  to  the  House  that  there  is  some  Prop- 
erty of  Joseph  Robinson  (commonly  called  Major  Robinson)  an 
Enemy  to  the  American  States  in  the  Possession  of  a  Committee 

Ordered  That  the  matter  suggested  by  Mr  Howe  be  referred  to  the 
Committee  appointed  to  bring  in  a  Bill  for  establishing  a  Reprisal 
Fund  And  that  Mr  Howe  be  added  to  the  said  Committee 

And  then  the  House  adjourned  till  To-morrow  morning  nine  of  the 
Clock  v 

Tuesday  the  8th  Day  of  October  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  yesterday's  Proceedings 

It  being  suggested  to  the  House  that  there  was  no  Pilot  or  Pilot 
Boat  for  the  Bar  and  Harbour  of  Beaufort  nor  any  Fund  from  which 
they  could  be  supplied  and  maintained 

Ordered  That  Mr  DeSaussure  Captain  Joiner  Colonel  Garden 
Captain  Savage  and  Major  Simons  be  a  Committee  to  consider  and. 
report  proper  ways  and  means  of  procuring  maintaining  and  regu- 
lating a  Pilot  Boat  to  attend  the  Bar  and  Harbour  of  the  Port  of 
Beaufort 

Mr  Scott  reported  That  Mr  Berwick  and  himself  had  delivered  the 
Bill  they  had  in  Charge  to  the  Legislative  Council 

Ordered  That  the  Order  of  yesterday  for  Leave  to  bring  in  a  Bill 
to  amend  an  act  passed  the  nth  of  April  last  intitled  an  Act  to 
impower  the  Court  of  Admiralty  to  have  Jurisdiction  in  all  cases  of 
Capture  of  the  ships  and  other  Vessels  of  the  Inhabitants  of  Great- 
Britain  Ireland  the  British  West  Indies  Nova  Scotia  and  East  and 
West  Florida  to  establish  the  Trial  by  Jury  therein  and  for  other 
Purposes  therein  mentioned  be  discharged 

Ordered  That  Leave  be  given  to  bring  in  a  Bill  to  repeal  the  said 
Act  and  for  the  like  and  other  Purposes  And  that  Colonel  Pinckney 
and  the  Honourable  Mr  Heyward  do  prepare  and  bring  in  the  same 

Mr  Ladson  reported  That  Mr  McQueen  and  himself  had  delivered 
the  Ordinance  they  had  in  charge  to  the  Legislative  Council 

Ordered  That  the  Honourable  Mr.  Heyward  and  Mr  Young  do 
with  a  member  of  the  Legislative  Council  examine  and  compare  the 
ingrossed  Bill  for  establishing  a  Board  of  Commissioners  to  superin- 
tend and  direct  the  naval  affairs  of  the  State  of  South  Carolina 

The  Honourable  Mr  Heyward  reported  That  Mr  Young  and  him- 
self had  compared  and  examined  the  ingrossed  Bill  and  that  they 
found  it  right 


88 

Ordered  That  the  Honourable  Mr  Edwards  and  Mr  Capers  do 
wait  on  the  President  with  the  Bill  that  the  seal  may  be  affixed 
thereto  and  to  desire  to  know  when  His  Excellency  will  please  to 
receive  this  House  to  present  the  same  for  his  assent 

Colonel  Pinckney  according  to  Order  presented  to  the  House  a  Bill 
to  impower  the  Court  of  admiralty  to  have  Jurisdiction  in  all  cases 
of  capture  of  the  Ships  and  other  Vessels  of  the  Inhabitants  and  sub- 
jects of  Great-Britain  to  establish  the  Trial  by  Jury  in  the  said  court 
in  cases  of  capture  and  for  other  Purposes  therein  mentioned  And 
the  same  was  received  and  read  the  First  Time 

Ordered  That  the  Bill  be  read  a  Second  Time 

The  Honourable  Mr  Edwards  reported  that  Mr  Capers  and  himself 
had  attended  the  President  with  the  Message  they  had  in  Charge 
and  that  His  Excellency  was  pleased  to  say  he  would  receive  the 
House  in  Half  an  Hour  in  the  Council-Chamber 

The  Clerk  of  the  Legislative  Council  brought  from  that  House  an 
.Ordinance  for  ascertaining  the  manner  of  issuing  orders  for  holding 
General  Courts  martial  for  the  trying  hearing  and  determining  of 
crimes  and  offences  committed  by  any  Persons  belonging  to  the 
South-Carolina  Regiments  on  the  Continental  Establishment  against 
the  Rules  and  Articles  for  their  Government — Read  a  Third  Time 
in  the  said  Council  , 

Ordered  That  the  ingrossing  of  the  said  ordinance  be  postponed 

The  Clerk  of  the  Legislative  Council  brought  from  that  House  an 
Ordinance  to  direct  the  manner  of  procuring  negroes  to  be  employed 
in  the  Public  service — Read  a  Third  Time  in  the  said  Council 

Ordered  That  the  Ordinance  be  ingrossed 

Ordered  That  Leave  be  given  to  bring  in  a  Bill  of  General  Am- 
nesty for  all  offenses  and  misdemeanours  against  the  Laws  of  this 
State  antecedent  to  the  fifth  Day  of  August  last  the  Day  on  which 
the  Declaration  of  the  Independency  of  the  States  of  America  was 
made  in  this  State  with  an  Exception  of  State  Prisoners  and  others 
which  it  might  be  injurious  to  the  welfare  of  the  State  to  include  in 
such  General  Amnesty  And  that  the  Reverend  Mr  Tennent  Colonel 
Pinckney  the  Honourable  Mr  Edwards  Mr.  Cannon  and  Mr  Young 
do  prepare  and  bring  in  the  same 

Message  from  the  President  by  the  Clerk  of  the  Legislative 
Council 

Mr  Speaker 

His  Excellency  the  President  is  now  in  the  Council  Chamber 
ready  to  receive  this  House  with  any  Bills  or  Ordinances  they  may 
have  to  present 

And  then  the  Messenger  withdrew 


89 

Mr  Speaker  with  the  House  accordingly  attended  His  Excellency 
in  the  Council  Chamber 

And  being  returned 

Mr  Speaker  reported  That  this  House  having  attended  the  Presi- 
dent in  the  Council  Chamber  he  had  presented  to  His  Excellency 

An  Ordinance  for  providing  Juries  for  Beaufort  District  at  the 
next  November  Courts 

And  also, 

An  Act  for  establishing  a  Board  of  Commissioners  to  superintend 
and  direct  the  naval  affairs  of  South  Carolina 

To  both  which  His  Excellency  had  been  pleased  to  give  his  Assent 

Ordered  That  Hopson  Pinckney  Esquire  be  Cashier  to  this  House 

A  Petition  of  Henry  Drew  was  presented  to  the  House  received 
and  read — also 

A  Petition  of  Robert  Pearis 

Ordered  That  both  Petitions  be  referred  to  a  Committee  And 
they  are  referred  to  the  Reverend  Mr  Tennent  and  Colonel  Gervais 

Mr  Pinckney  reported  That  Mr  Cordes  and  himself  had  delivered 
the  ordinance  and  message  they  had  in  Charge  to  the  Legislative 
Council 

And  then  the  House  adjourned  till  To-morrow  Morning  Ten  of 
the  Clock — under  a  Fine  of  Twenty  Shillings  on  every  member  who 
shall  neglect  to  attend  precisely  at  that  Hour  to  be  paid  immediately 

Wednesday  the  Qth  Day  of  October  1776 
The  House  met  according  to  adjournment 
Read  the  Journal  of  yesterday's  Proceedings 
Message   from   the    President   by   the    Clerk   of  the   Legislative 
Council 

Mr  Speaker  and  Gentlemen 

I  herewith  lay  before  you  a  Letter  from  Brigadier  General 
Howe  it  being  his  Desire  that  the  Sentiments  contained  in  it  should 
be  conveyed  to  you  some  of  the  matters  which  he  recommends  are 
anticipated  by  steps  already  taken  to  the  same  Effect  I  am  perswadecl 
however  that  you  will  pay  due  attention  to  the  Rest  and  doubt  not 
that  the  executive  Power  will  have  sanction  and  support  of  the 
Legislature  for  the  Execution  of  every  measure  necessary  for  the 
Security  and  Defence  of  the  State 

John  Rutledge 
8th  October  1776 


90 

The  Letter  referred  to  in  the  message  being  read  is  as  follows 

Sir 

The  Command  of  the  military  Department  in  this  State  devolv- 
ing upon  me  I  feel  it  my  Duty  to  lay  before  your  Excellency  and  by 
your  means  before  the  Honourable  Council  and  Assembly  my  senti- 
ments respecting  the  situation  of  this  Country  and  the  measures 
which  appear  to  me  necessary  to  place  it  in  a  proper  state  of 
Defence — I  am  happy  to  find  that  the  works  at  Fort  Moultrie  and 
those  requisite  for  establishing  in  case  of  accident  a  secure  Retreat 
to  the  Garison  are  progressing  so  rapidly  when  the  Fort  is  finished 
I  have  no  doubt  of  its  being  able  to  repel  any  attack  made  upon  it  in 
Front  but  without  a  considerable  number  of  works  to  secure  it  from 
being  assailed  in  Reverse  it  would  not  in  my  opinion  be  long  main- 
tained against  any  formidable  attempt  in  that  Quarter — The  methods 
best  calculated  to  preserve  it  would  be  to  erect  proper  works  on  the 
Point  of  Sullivant's  Island  next  to  Long-Island  where  it  is  probable 
the  Enemy  would  attempt  to  Land  and  by  a  chain  of  Redoubts  or  other 
works  from  thence  to  the  Fort  be  prepared  to  dispute  the  Ground 
with  them  Inch  by  Inch  should  they  effect  a  Landing;  I  at  present 
imagine  it  may  be  necessary  to  throw  up  some  Defence  where  Colonel 
Moultrie  kept  his  Quarter  Guard  but  the  transient  view  I  had  of 
the  Island  leaves  me  unprepared  to  speak  with  precision  either  as  to 
the  number  or  Form  of  the  works  or  the  particular  spots  on  which 
they  ought  to  be  erected  it  is  sufficient  however  that  a  variety  of 
them  are  wanted  that  a  great  many  Hands  are  requisite  to  carry  them 
on  the  number  need  not  be  ascertained  as  the  more  there  are  employed 
the  sooner  we  shall  finish  and  that  the  necessity  for  erecting  such 
works  is  absolute  and  immediate — The  Post  at  Haddrel's  ought 
directly  to  be  put  in  a  much  more  respectable  state  then  it  is  at 
present  that  station  would  be  important  even  if  it  had  no  Connexion 
with  Sullivant's  how  much  more  so  must  it  appear  when  we  consider 
that  should  the  Enemy  possess  it  our  soldiers  on  Sullivant's  could 
neither  retreat  or  be  supported  indeed  circumstances  that  make  it 
important  multiply  upon  me  as  I  write  I  shall  however  suppress 
the  Expression  of  them  as  I  presume  the  consideration  I  have  men- 
tioned is  alone  sufficient  to  induce  the  attention  of  your  Legislature 

The  Walls  of  Fort  Johnson  require  to  be  well  cased  with  Palmetto 
Logs  without  which  I  conceive  a  smart  cannonade  would  so  shock 
the  Foundation  that  it  would  not  support  the  superstructure  but  was 
there  no  Danger  of  this  it  ought  not  to  remain  as  it  is  as  the  Frag- 
ments of  Brick  which  would  be  shattered  off  bv  the  shot  would 


inevitably  destroy  a  great  Number  of  our  men  and  this  both  Policy 
and  Humanity  call  upon  us  to  prevent  I  confess  myself  not  pleased 
with  the  lower  Battery  and  if  we  have  Time  after  we  have  got  over 
those  matters  more  immediately  wanted  I  should  wish  for  an  alter- 
ation 

I  come  next  to  an  Object  very  near  my  Heart  I  mean  the  the 
Preservation  of  this  Capital  the  spirited  conduct  of  it's  Inhabitants 
in  Opposition  to  the  Incroachments  of  Tyranny  even  at  a  Time  when 
their  Property  was  likely  to  fall  a  sacrifice  to  their  laudable  Zeal 
demonstrates  that  they  nobly  prefer  public  Good  to  private  Consider- 
ations hoVever  interesting  and  gives  them  a  just  Claim  to  assistance 
from  their  neighbours  though  the  common  cause  was  not  concerned 
in  their  safety  But  sir  when  we  contemplate  the  situation  of  this 
Town  fixed  at  the  confluence  of  several  Rivers  which  open  a  Passage 
into  the  very  Bosom  of  your  Country  commanding  almost  your  whole 
inland  navigation  and  if  possessed  by  the  Enemy  all  your  exterior 
Traffic  with  Houses  sufficient  to  barrack  comfortably  a  great  Body 
of  Troops  and  an  Harbour  extensive  enough  to  admit  almost  any 
number  of  ships  surrounded  almost  by  water  which  the  Enemy  would 
command  and  approachable  only  by  a  narrow  neck  of  Land  which 
they  would  fortify  it  would  be  perhaps  the  most  secure  and  noble 
Place  of  arms  for  them  imaginable  from  which  they  could  with  the 
same  Body  of  Troops  execute  the  Purposes'  of  Disposition  on  three 
different  States  and  the  Possession  give  their  arms  an  Eclat  the 
Influence  of  which  might  be  dreadfully  diffusive  it  would  bring 
upon  our  Backs  every  Tribe  of  Indians  and  call  to  their  Banners  an 
Host  of  domestic  Insurgents  all  these  Circumstances  must  make  it  a 
capital  Object  to  them  and  combine  to  prove  that  the  Loss  of  this 
Town  may  be  reckoned  among  the  deepest  wounds  the  cause  of 
Freedom  could  receive  in  this  Department — Public  Good  therefore 
and  private  Interest  unite  to  induce  us  immediately  to  put  it  into  a 
proper  state  of  Defence  to  hesitate  one  moment  might  possibly  be  to 
lose  the  opportunity  which  Providence  has  lent  us  and  all  Idea  of 
Expence  however  great  should  be  lost  in  the  Importance  of  the 
object  One  step  towards  obtaining  this  desirable  End  would  be  to 
prevent  if  possible  the  approach  of  ships  to  the  Towrn  and  this  I  con- 
ceive may  probably  be  effected  by  throwing  obstructions  across  the 
channel  opposite  to  Fort  Moultrie  at  those  Places  which  would 
expose  them  most  to  the  Fire  of  the  Fort.  I  am  made  happy  at  being 
informed  this  work  is  begun  and  trust  such  Hands  are  employed  as 
will  execute  it  properly.  I  must  however  take  the  Liberty  to  say  that 


92 

when  I  consider  the  amazing  Impetus  with  which  ships  under  full 
sail  come  in  contact  with  any  Body  that  obstructs  their  motion  that 
I  doubt  whether  any  single  work  can  be  made  substantial  enough  to 
be  effectual  the  method  I  should  recommend  would  be  to  have  one 
work  within  another  the  second  so  near  the  first  that  it  should  take 
up  the  vessel  if  she  surmounted  the  first  Difficulty  beiore  she  had 
Time  to  regain  her  way. 

The  next  Thing  Sir,  is  to  put  the  Town  in  such  a  state  of  Defence 
that  the  Enemy  in  case  they  get  up  with  their  ships  may  meet  with 
the  most  obstinate  opposition,  it  gives  me  concern  to  think  that  it  is 
far  from  being  in  this  State  at  present  several  of  the  Batteries  having 
capital  Errors  require  to  be  pulled  down  and  rebuilt  and  it  will  I 
am  persuaded  be  found  necessary  to  erect  others  at  different  Places 
the  extempore  works  thrown  up  about  the  Town  are  by  no  means  to 
be  depended  upon  they  were  executed  in  a  Hurry  and  under  the  ex- 
pectation of  an  immediate  attack  they  ought  to  be  altered  in  many 
Places  and  at  all  to  be  made  more  effectual.  As  the  Interest  of  the 
Inhabitants  and  Good  of  the  Common  Cause  will  I  doubt  not  dispose 
the  People  of  this  Country  to  defend  their  Capital  to  the  last  Extrem- 
ity and  as  the  working  of  a  number  of  Traverses  across  the  streets 
are  not  only  necessary  to  the  obstinate  Defence  of  it  but  will  prevent 
the  great  Execution  which  might  otherwise  happen  from  an  Enfilade 
the  materials  for  building  these  works  should  directly  be  provided 
they  would  at  present  perhaps  incommode  the  Passage  of  the  Inhab- 
itants so  need  not  be  immediately  erected  but  the  necessary  apparatus 
should  be  deposited  at  convenient  Places  to  be  ready  occasionally — 
I  have  much  to  regret  the  exceedingly  weak  state  of  the  Back  Part 
of  your  Town  assailable  at  many  Places  at  none  prepared  to  repel 
an  attack  it  requires  our  immediate  attention  nor  am  I  less  anxious 
about  the  neck  that  leads  out  of  Town  the  officer  we  may  have  to  deal 
with  this  winter  is  an  officer  of  Enterprize  and  Resources  with  Judg- 
ment to  discern  and  a  Disposition  to  take  all  advantages  he  cannot 
but  observe  should  the  neck  remain  as  it  is  how  easy  it  would  be  for 
an  inferior  Army  to  shut  in  a  superior  and  it  admits  not  of  a  Doubt 
but  he  will  if  he  can  avail  himself  of  it  to  prevent  this,  many  works 
are  requisite  and  the  sooner  they  are  undertaken  the  better. 

I  shall  now  Sir  proceed  to  some  Circumstances  of  Defence  of  a 
more  general  Tendency  among  these  the  building  of  some  Row- 
Gallies  appear  to  me  as  very  consequential  I  think  it  far  from  being 
improbable  that  they  may  be  so  constructed  as  to  be  formidable  to 
men  of  war  in  their  Progress  over  your  Bar  and  it  is  certain  they 


93 

must  be  so  should  the  ships  ever  get  up  and  lay  before  the  Town 
they  will  prevent  all  Tenders  or  other  small  armed  vessels  from 
marauding  those  Inhabitants  who  live  upon  the  River  make  it  diffi- 
cult if  not  impossible  for  the  Enemy  to  transport  their  Troops  by 
water  into  the  country  a  circumstance  essentially  important  to  the 
very  Being  of  this  State  they  will  convey  your  Troops  to  Georgia 
with  safety  and  Expedition  should  that  State  require  your  Aid  and 
facilitate  the  arrival  of  theirs  should  your  Exigencies  make  it  neces- 
sary in  short  the  advantages  of  them  are  so  manifold  that  I  earnestly 
hope  they  may  claim  your  attention. 

As  this  State  and  some  neighbouring  ones  are  unhappily  unequal 
in  therrfselves  to  any  formidable  Invasion  they  must  depend  intirely 
upon  that  assistance  they  can  mutually  yield  to  each  other  Every 
Thing  therefore  which  can  retard  the  march  of  Troops  should  be 
removed  and  every  measure  fallen  upon  which  can  contribute  to  bring 
them  up  with  the  utmost  Expedition  If  North  Carolina  and  Georgia 
would  join  your  State  in  establishing  magazines  of  Provisions  at 
proper  Places  between  your  countries  it  would  certainly  prevent  a 
great  deal  of  Delay  but  this  I  am  afraid  will  be  a  work  of  Time. 

I  beg  leave  Sir  to  urge  the  absolute  necessity  of  keeping  a  great 
Number  of  waggons  always  in  the  Public  Service  Experience  has 
taught  me  how  difficult  it  is  to  procure  them  when  suddenly  wanted 
and  the  Time  is  probably  at  Hand  when  the  least  Delay  may  be 
attended  with  very  fatal  Consequences. 

The  great  Delay  I  have  met  with  in  marching  men  at  the  Ferries 
of  every  State  and  at  none  more  particularly  than  in  this  induces  me 
to  wish  that  in  future  they  may  be  better  provided  with  Boats  few 
if  any  of  them  have  more  than  on  Flat  and  that  generally  not  a  good 
one  so  that  it  will  take  a  whole  Day  to  get  over  a  Battalion  and  it's 
Baggage  I  leave  you  sir  to  Judge  what  may  be  the  Event  of  this 
when  the  Fate  of  a  country  may  depend  upon  a  single  Hour — The 
Roads  at  all  Times  an  object  of  Public  notice  become  of  peculiar 
Importance  at  this  crisis  as  upon  the  Goodness  of  them  an  Expedi- 
tious march  in  a  great  measure  depends — I  would  urge  as  a  circum- 
stance exceedingly  necessary  the  collecting  and  keeping  for  Public 
use  a  great  number  of  canoes  and  other  rowing  Boats  as  in  a  Country 
so  cut  to  Pieces  with  water  Courses  and  penetrable  at  such  a 
variety  of  Places  it  is  very  uncertain  where  you  may  have  Occasion 
to  Convey  your  Troops  or  from  whence  to  bring  them  a  Provision 
of  this  kind  therefore  seems  to  be  an  act  of  necessity  certain  I  am 
that  in  the  late  military  operations  of  this  Country  the  want  of  them 


94 

was  severely  felt  by  the  General  and  the  service  greatly  injured  by  it 

The  short  Time  I  have  been  in  this  Country  renders  it  impossible 
for  me  to  be  so  well  acquainted  with  the  Geography  of  it  as  I  wish 
or  as  I  hope  soon  to  be  I  therefore  cannot  undertake  to  point  out 
every  Place  where  it  might  be  necessary  to  erect  works  or  take  other 
methods  to  prevent  or  render  difficult  the  Enemy's  Access  I  am 
happy  however  in  the  Consideration  that  you  Sir  and  many  members 
of  your  Legislature  from  the  perfect  knowledge  of  this  Country  are 
adequate  to  this  and  in  the  firm  Persuasion  that  it  will  be  properly 
attended  to 

The  building  of  Barracks  at  those  Places  where  in  case  of  an  In- 
vasion we  should  be  obliged  to  station  Troops  particularly  at  Had- 
drel's  is  a  matter  that  ought  by  no  means  to  be  neglected  the  Incon- 
veniences which  the  soldiers  suffered  for  want  of  them  and  the  ill 
Effect  it  had  upon  their  Health  even  in  the  Summer  Season  makes  it 
evident  That  they  cannot  endure  a  winter  campaign  without  them,  I 
am  loth  to  mention  a  Provision  which  I  am  fearful  it  will  be  difficult 
to  make  I  mean  of  Cloaths  and  Blankets  for  the  men  but  I  should  be 
wanting  in  attention  to  them  not  to  express  a  wish  that  every  method 
may  be  fallen  upon  to  procure  them — I  know  not  whether  the  Islands 
along  your  Sea-Board  have  any  Live  Stock  upon  them  but  if  they 
have  and  are  suffered  to  remain  there  I  cannot  but  consider  them  as 
the  absolute  Property  of  the  Enemy  I  therefore  think  it  my  Duty  in 
the  most  earnest  manner  to  urge  that  they  be  immediately  removed 
indeed  I  think  the  Proprietors  of  these  Islands  ought  not  to  be  suf- 
fered to  occupy  them  at  all,  at  present  that  the  Enemy  may  have  no 
Temptation  to  make  or  receive  no  benefit  by  making  a  Lodgment  on 
them. 

There  are  other  matters  which  strike  me  as  necessary  to  the 
Defence  of  this  Country  and  from  further  Observation  many  more 
may  occur  to  me  but  as  I  presume  Government  in  the  Recess  of 
assembly  will  be  furnished  with  Powers  to  provide  for  Contingencies 
I  have  no  Occasion  to  trouble  you  with  them  now 

I  enter  into  the  next  Object  of  my  Consideration  with  exceeding 
Diffidence  and  Anxiety  lest  I  should  be  thought  to  have  exceeded  the 
Bounds  of  Propriety  by  touching  upon  it  at  all  if  Sir  unfortunately 
for  me  that  should  be  the  case  will  your  Legislature  do  me  the  Justice 
to  impute  it  to  the  Zeal  I  have  for  the  Service  of  this  State  and  kindly 
admit  the  Cause  to  execute  the  Effect — The  Number  of  regular 
Troops  allotted  to  this  Country  are  not  enough  for  it's  Defence 
though  all  the  Battalions  were  full  this  Sir  militates  strongly  in 


95 

Favour  of  a  well  regulated  militia  and  I  am  happy  to  hear  it  is  the 
subject  of  your  present  Deliberations  but  as  a  military  system  exclu- 
sive of  militia  has  been  established  in  Virginia  which  Experience  has 
shewn  to  be  a  very  good  one  I  presume  just  to  hint  it  to  you  I  mean 
the  Establishment  of  minute  Battalions  in  order  to  this  their  State 
was  divided  into  Districts  and  each  District  furnished  a  Battalion 
of  minute  men  Persons  of  the  greatest  Consequence  and  Influence 
were  appointed  as  officers  who  inlisted  the  men  from  the  Body  of  the 
militia  these  men  besides  attending  a  number  of  private  musters  were 
at  stated  Periods  obliged  to  embody  in  Battalions  for  a  specified  num- 
ber of  Days  and  go  through  all  the  Discipline  and  maneavres  of  a 
Camp  during  this  Time  they  were  paid  and  provisioned  by  the  Public 
and  ware  at  all  Times  liable  to  be  called  into  the  service  I  had 
the  Honour  to  command  a  great  number  of  them  the  last  win- 
ter and  it  is  but  Justice  to  them  to  say  that  they  deserved  to  be 
ranked  among  the  best  of  our  Troops  The  men  of  these  Battalions 
being  inlisted  upon  the  express  condition  of  turning  out  occasionally 
are  always  in  Expectation  of  and  will  be  always  prepared  for  it  they 
are  generally  better  armed  and  will  probably  be  better  disciplined 
than  militia  and  may  either  make  it  unnecessary  to  call  out  the  Latter 
at  all  or  make  a  stand  against  the  Enemy  while  they  are  collecting 
but  whether  such  Establishment  may  suit  the  Policy  of  this  Country 
the  wisdom  of  your  Legislature  will  determine. 

Permit  me  Sir  again  in  the  most  earnest  manner  to  urge  the  abso- 
lute necessity  of  immediately  taking  measures  to  place  us  in  the  best 
state  of  Defence  possible  our  private  Interest  and  our  Fidelity  to  the 
Common  Cause  exact  it  of  us  to  lose  the  opportunity  we  now  have  is 
to  neglect  the  first  and  betray  the  latter  Happy  should  I  have  been 
had  not  the  necessity  of  service  deprived  you  of  the  Commander  in 
Chief  of  the  Southern  Department  at  this  critical  Juncture  from 
whose  indefatigable  attention  to  his  Duty  and  from  whose  spirit  and 
abilities  in  the  Execution  of  it  you  could  not  but  have  derived  every 
possible  Benefit 

I  Sir  have  nothing  to  offer  you  but  an  assurance  of  the  most 
unwearied  attention  to  the  Duties  of  my  station  the  utmost  Exertion 
of  such  abilities  as  I  have  and  that  I  shall  by  my  most  strenuous 
Efforts  in  the  service  of  your  Country  demonstrate  the  Zeal  and 


96 

attachment  I   feel   for  the  Glorious  Cause  of  Freedom  to  which   I 
have  devoted  myself 

I  have  the  Honour  to  be  with  the  greatest  Respect  Sir 
Your  Excellency's  most  obedient 

and  very  humble  servant 

Charles  Town        ^  Robert  Howe 

6th  October  1776  j 

Another  Message  from  the  President  by  the  Clerk  of  the  Legisla- 
tive Council 

Mr—  Speaker  and  Gentlemen 

I  send  you  several  Resolves  of  the  Continental  Congress  and  an 
Extract  of  a  Letter  which  I  lately  received  from  Mr  Edward  Rut- 
ledge 

As  the  men  hereafter  inlisted  into  the  six  Battalions  to  be  fur- 
nished from  this  State  should  I  apprehend  be  engaged  till  the  End 
of  the  war  and  the  Bounty  allowed  by  Congress  is  considerably 
increased  your  late  Resolution  is  now  inadequate  It  will  therefore 
be  necessary  that  you  should  determine  what  allowance  or  Encour- 
agement shall  be  given  by  this  State  to  the  men  who  may  be  inlisted 
here  agreeable  to  those  Resolves 

John  Rutledge 
9th  October  1776 

The  Extract  of  a  Letter  from  the  Honourable  Mr.  Edward  Rut- 
ledge  dated  Philadelphia  25th  September  1776  being  read  is  as 
followeth 

The  Congress  are  resolved  to  raise  Eighty  eight  Battallions  to  con- 
tinue during  the  war  we  mean  to  re-inlist  all  those  who  are  now 
engaged  if  they  will  serve — It  is  not  intended  by  the  Resolutions  that 
you  should  raise  six  Battalions  over  and  above  what  you  now  have 
but  that  they  should  be  re-inlisted  to  serve  during  the  war 

The  Resolves  of  the  Continental  Congress  of  the  I4th  i6th  i8th 
and  1 9th  of  September  1776  being  read  are  as  follows 

In  Congress  September.  14  1776 

Whereas  the  Delegates  of  South  Carolina  have  represented  that 
by  an  arrangement  made  in  Congress  on  the  i8th  Day  of  June  last 
the  Regiment  of  Artillery  and  Two  Regiments  of  Rifle  men  raised 
in  that  Province  will  obtain  Precedency  over  a  Regiment  of  Rangers 
though  the  latter  was  raised  before  either  of  the  former  which  may 
be  attended  with  Consequences  extremely  prejudicial  to  the  service, 
Therefore 


97 

Resolved  That  the  said  Regiment  of  Rangers  commanded  by 
Colonel  William  Thomson  do  still  keep  the  same  Station  it  had  in 
the  Provincial  Arrangement  and  be  intitled  to  Rank  in  the  same  way 
as  other  Regiments  in  the  Continental  service 

Extract  from  the  minutes 

Charles  Thomson  Secretary 
In  Congress  September  i6th,  1776 

Resolved  That  Eighty-eight  Battalions  be  inlisted  as  soon  as  pos- 
sible to  serve  during  the  present  war  and  that  each  State  furnish 
their  respective  Quotas  in  the  following  Proportions  viz 

New-Hampshire 3  Battalions 

Massachusetts  Bay 15  Ditto 

Rhode  Island 2  Ditto 

Connecticut 8  Ditto 

New- York 4  Ditto 

New-Jersey 4  Ditto 

Pennsylvania 12  Ditto 

Delaware I  Ditto 

Maryland 8  Ditto 

Virginia 15  Ditto 

North  Carolina 9  Ditto 

South  Carolina 6  Ditto 

Georgia I  Ditto 

That  Twenty  Dollars  be  given  as  a  Bounty  to  each  non-commis- 
sioned officer  and  private  Soldier  who  shall  inlist  to  serve  during 
the  present  war  unless  sooner  discharged  by  Congress 

That  Congress  make  Provison  for  granting  Lands  in  the  following 
Proportions  to  the  officers  and  soldiers  who  "shall  so  engage  in  the 
service  and  continue  therein  to  the  close  of  the  war  or  until  dis- 
charged by  Congress  and  to  the  Representatives  of  such  officers  and 
soldiers  as  shall  be  slain  by  the  Enemy  such  Lands  to  be  provided 
by  the  United  States  and  whatever  Expence  shall  be  necessary  to 
procure  such  Land  the  said  Expence  shall  be  paid  and  borne  by  the 
States  in  the  same  Proportion  as  the  other  Expences  of  the  war  viz 

To  a  Colonel 500  Acres 

a  Lieutenant  Colonel 450  Ditto 

a  Major 400  Ditto 

a  Captain 300  Ditto 

a  Lieutenant 200  Ditto 

an  Ensign 1 50  Ditto 

Each  non-commissioner  officer  and  soldier 100  Acres 

7— H.  c. 


98 

That  the  appointment  of  all  officers  and  filling  vacancies  (except 
General  officers)  be  left  to  the  Governments  of  the  several  States 
and  that  every  State  provide  Arms  Cloathing  and  every  necessary 
for  it's  Quota  of  Troops  according  to  the  foregoing  Estimate  the 
Expence  of  the  Cloathing  to  be  deducted  from  the  Pay  of  the  Troops 
as  usual 

That  all  officers  be  commissioned  by  Congress 

That  it  be  recommended  to  the  several  States  that  they  take  the 
most  speedy  and  effectual  measures  for  inlisting  their  several  Quota's 
That  the  money  to  be  given  for  Bounties  be  paid  by  the  Paymaster 
in  the  Department  where  the  soldier  shall  inlist 

That  each  Soldier  receive  Pay  and  Subsistence  from  the  Time  of 
their  Inlistment 

September  18  1776 

That  if  Rations  be  received  by  the  officers  or  Privates  in  the  Con- 
tinental Army  in  money  they  be  paid  at  the  Rate  of  Eight  nineteenth 
Parts  of  a  Dollar  per  Ration 

That  the  Bounty  and  Grants  of  Land  offered  by  Congress  by  a 
Resolution  of  the  i6th  Instant  as  an  Encouragement  to  the  officers 
and  Soldiers  to  engage  to  serve  in  the  Army  of  the  United  States 
during  the  war  shall  extend  to  all  who  are  or  shall  be  inlisted  for 
that  Term  the  Bounty  of  Ten  Dollars  which  any  of  the  Soldiers 
have  received  from  the  Continent  on  account  of  a  former  Inlistment 
to  be  reckoned  in  Part  Payment  of  the  Twenty  Dollars  offered  by 
said  Resolution 

That  no  Officer  in  the  Continental  Army  is  allowed  to  hold  more 
than  one  Commission  or  to  receive  Pay  but  in  on  Capacity, 
September  19  1776 

That  the  Adjutants  in  the  Continental  Army  be  allowed  the  Pay 
and  Rations  of  Captains  and  have  the  Rank  of  First  Lieutenants 

In  Order  to  prevent  the  officers  and  Soldiers  who  shall  be  intitled 
to  the  Lands  hereafter  to  be  granted  by  the  Resolution  of  Congress 
of  the  i6th  from  disposing  of  the  same  during  the  war 

Resolved  That  this  Congress  will  not  grant  Lands  to  any  Person 
or  Persons  claiming  under  the  assignment  of  any  officer  or  soldier 
By  Order  of  the  Congress 
John  Hancock  President 

Ordered  That  the  messages  from  the  President  of  yesterday  and 
this  Day's  Dates  and  the  several  Papers  accompanying  the  same  be 
referred  to  a  Committee 


99 

And  they  are  referred  to  the  Honourable  Mr.  Lowndes  the  Hon- 
ourable Mr  Edwards  the  Honourable  Mr.  Justice  Bee  Mr.  Attorney 
General  Coloney  Pinckney  Mr.  John  Waring  Major  Simons  Colonel 
Mclntosh  Mr.  Williamson  and  Captain  Savage 

The  following  Gentlemen  were  returned  duly  elected  members  of 
the  present  General  Assembly  viz 

Alexander  Moultrie  Esquire  for  Charles  Town  in  the  Room  of 
Cato  Ash  Esquire  deceased 

The  Honourable  Thomas  Bee  Esquire  for  the  Parish  of  St  An- 
drew in  the  Room  of  the  Honourable  Thomas  Fuller  Esq 

William  Parker  Esquire  for  St  James  Goose  Creek  in  the  Room 
of  the  Honourable  John  Parker 

Ordered"  That  the  said  new  elected  members  have  immediate 
notice  by  the  Messenger  to  attend  this  House 

A  Letter  from  Edward  Blake  Esquire  addressed  to  the  House  was 
laid  before  them  and  read  in  the  following  words 
October  9th.  1776 

Gentlemen 

The  Commissioners  of  the  Navy  Board  on  Inquiry  find  that  a 
Captain  is  wanted  for  the  Brigantine  Comet  They  beg  Leave  to 
recommend  Captain  Stephen  Seymour  and  Captain  Edward  Allen  as 
fit  Persons  for  the  Legislature  to  make  Choice  of 

Edward  Blake,  First  Commissioner 

Resolved  That  this  House  will  proceed  to  ballot  jointly  with  the 
Honourable  the  Legislative  Council  for  a  Captain  of  the  Brigantine 
Comet 

Ordered  That  the  attendance  of  the  members  of  the  Legislative 
Council  in  this  House  be  desired  to  join  in  balloting  for  a  Captain  of 
the  Brigantine  Comet 

The  Honourable  Mr  Bee  and  Mr  Attorney-General  attending 
according  to  order  and  being  called  in  took  the  Oath  prescribed  by 
the  Constitution  and  their  seats  as  members 

John  Bull  Esquire  also  took  the  Oath  prescribed  by  the  Consti- 
tution and  his  Seat  as  a  member  for  Prince  William's  Parish 

Ordered  that  Mr  Ralph  Izard  and  Mr  Thomas  Waring  do  examine 
and  compare  with  some  Member  of  the  Legislative  Council  an 
ingrossed  Ordinance  to  direct  the  manner  of  procuring  negroes  to 
be  employed  in  the  Public  Service 

Mr.  Izard  reported  That  Mr  Waring  and  himself  had  as  ordered 
examined  and  compared  the  ordinance  and  that  they  found  it  truly 
ingrossed 


100 

Ordered  That  Mr  Waring  and  Mr  Izard  do  attend  the  President 
with  the  Ordinance  in  order  to  have  the  seal  affixed  thereto  and  to 
desire  to  know  when  His  Excellency  will  please  to  receive  this  House 
to  present  the  same  for  his  assent 

Mr.  Waring  reported  That  Mr  Izard  and  himself  had  delivered 
the  message  they  had  in  Charge  to  the  President  and  that  His  Excel- 
lency was  pleased  to  say  he  would  receive  this  House  in  Ten  Minutes 
in  the  Council-Chamber 

Resolved  That  the  Commissioners  appointed  by  this  House  on 
the  27th  September  last  to  purchase  a  Cargo  of  Salt  arrived  here 
in  the  Sloop  Margaret  be  and  they  are  hereby  authorized  and 
required  in  like  manner  to  purchase  all  other  Salt  that  shall  be 
imported  here  to  the  first  Day  of  December  next  and  to  sell  and 
distribute  the  Salt  to  be  so  purchased  in  the  same  manner  and  in 
such  Proportions  as  is  directed  by  order  of  this  House  of  the  2d 
Instant 

Resolved  That  the  Commissioners  of  St  David's  Parish  do  take 
into  Custody  the  salt  now  in  Mr  John  Mitchell's  store  at  Cheraw-Hill 
paying  for  the  same  at  the  Rate  of  Fifty  shillings  currency  per 
Bushel  And  that  they  sell  and  distribute  the  said  salt  to  and  amongst 
such  of  the  Inhabitants  of  this  State  who  have  not  lately  received 
a  Dividend  of  the  salt  in  Charles  Town  or  at  Winyah  as  shall  apply 
for  the  same  in  the  Proportion  of  One  Half  Bushel  to  six  white 
Persons  in  a  Family 

A  Petition  of  Elizabeth  Black  Widow  was  presented  to  the  House 
and  read  in  the  following  words 

That  the  Petitioner's  late  Husband  Robert  Black  was  l,ate  a  soldier 
in  the  Second  Regiment  in  the  service  of  this  State  and  was  in  the 
gallant  defence  of  Fort  Moultrie  on  Sullivant's  Island  on  the  28th 
Day  of  June  last  grievously  and  mortally  wounded  and  died  on  the 
nth  Day  of  July  next  after 

That  the  Petitioner  besides  a  Daughter  married  hath  one  Daugh- 
ter fifteen  years  old  another  twelve  years  a  son  of  a  very  sickly  Habit 
of  Body  about  eight  years  a  Daughter  about  six  and  another  son 
about  four  years  old 

That  she  hath  no  Friends  or  Relations  in  this  State  from  whom 
she  can  expect  the  least  assistance  for  the  support  of  her  self  and 
this  Family  and  that  she  is  in  very  poor  and  indigent  Circumstances 

That  the  Petitioner  having  lately  made  application  to  His  Excel- 
lency the  President  and  the  Honourable  the  Privy  Council  His  Excel- 
lency was  pleased  with  the  advice  of  that  Board  to  order  Fifty 


101 

Pounds  to  be  paid  her  and  that  she  should  be  intitled  to  receive  the 
Pay  of  her  Husband  until  the  sitting  of  this  House 

That  the  Petitioner  is  very  desirous  of  returning  from  this  State 
into  which  herself  and  children  have  been  very  sickly  to  her  native 
State  Friends  and  Relations  in  Pensylvania  but  is  unable  to  bear  the 
Expence  of  such  a  Journey 

The  Petitioner  therefore  humbly  prays  that  this  Honourable  House 
will  take  the  Premises  into  Consideration  and  grant  her  such  Relief 
as  to  them  in  their  wisdom  shall  seem  meet 

Message  from  the  President  by  the  Clerk  of  the  Legislative 
Council 

Mr  Speaker 

His  Excellency  the  President  is  now  in  the  Council  Chamber 
ready  to  receive  this  House  with  the  Ordinance  they  have  to  present 

And  then  the  Messenger  withdrew 

Mr  Speaker  with  the  House  accordingly  attended  the  President 
in  the  Council  Chamber 

And  being  returned 

Mr  Speaker  reported  That  the  House  having  attended  the  Presi- 
dent in  the  Council  Chamber  he  had  presented  to  His  Excellency 

An  Ordinance  to  direct  the  manner  of  procuring  Negroes  to  be 
employed  in  the  Public  Service 

To  which  His  Excellency  had  been  pleased  to  give  his  assent 

The  Clerk  of  the  Legislative  Council  brought  from  that  House  a 
Bill  establishing  a  proper  Oath  of  Qualification  to  be  taken  by  the 
Members  of  the  General  Assembly  to  direct  the  method  of  choosing 
Parochial  and  District  Committees  for  authorizing  the  returning 
officers  of  St  Davids  Parish  to  hold  their  Elections  one  Day  at  the 
Church  and  one  Day  at  the  Court  House  and  for  other  Purposes 
therein  mentioned — Read  a  Second  Time  in  the  said  Council 

The  said  Bill  being  read  a  Third  Time 

Resolved  That  the  Bill  do  pass. 

Ordered  That  the  Bill  be  sent  to  the  Legislative  Council  for  their 
Concurrence 

Ordered  That  Captain  Harlston  and  Major  Simons  do  carry  the 
Bill  to  the  Legislative  Council 

A  Bill  to  impower  the  Court  of  Admiralty  to  have  Jurisdiction  in 
all  cases  of  the  Capture  of  the  Ships  and  other  Vessels  of  the  Inhabi- 
tants and  Subjects  of  Great-Britain  to  establish  the  Trial  by  Jury 


102 

in  the  said  Court  in  Cases  of  Capture  and  for  other  Purposes  therein 
mentioned  was  read  a  Second  Time 

Ordered  That  the  Bill  be  sent  to  the  Legislative  Council 

Ordered  That  Major  Simons  and  Captain  Harlston  do  carry  the 
Bill  to  the  Legislative  Council 

Colonel  Gervais  reported  from  the  Committee  to  whom  was 
referred  the  Petition  of  Henry  Drew  And  he  read  the  Report  in  his 
Place  and  afterwards  delivered  it  in  at  "the  Clerk's  Table  where  the 
same  was  read  in  the  words  following 

They  they  repaired  to  the  Jail  and  examined  the  Petitioner  who 
they  find  is  a  Prisoner  of  war  belonging  to  the  4Oth  Regiment  of 
Foot  of  His  Brittannic  Majesty  and  therefore  your  Committee  are  of 
Opinion  that  his  application  would  come  more  properly  before 
General  Howe  Commander  in  Chief  for  the  Time  being  of  the 
Continental  Troops  here 

The  Report  being  read  a  Second  Time 

Resolved  That  this  House  do  agree  with  the  Report  of  the  Com- 
mittee 

The  Reverend  Mr.  Tennent  reported  from  the  Committee  to  whom 
the  Petition  of  Robert  Pearis  was  referred  And  he  read  the  Report 
in  his  Place  and  afterwards  delivered  in  it  at  the  Clerk's  Table  where 
the  same  was  read  and  is  as  follows 

That  they  went  to  the  common  Jail  in  Charles-Town  and  made 
the  best  Inquiry  they  could  into  the  Case  of  the  said  Robert  Pearis 
They  found  him  confined  as  the  Petition  sets  forth  in  an  upper 
apartment  prepared  for  common  Criminals  the  windows  of  the 
room  without  Sashes  or  Glass  to  keep  out  the  weather  although  so 
constructed  as  easily  to  admit  of  Glass  They  found  that  the  Roof 
of  the  Jail  was  so  defective  as  continually  to  leak  when  it  rains  not 
only  to  the  Injury  of  the  apartment  in  Question  but  of  every  other 
in  the  Jail  to  the  manifest  Danger  of  the  Health  of  the  unhappy 
Creatures  confined  there  as  well  as  to  the  great  Damage  of  the 
Building 

They  also  report  that  they  conversed  with  Mr  Pearis  on  the  Cause 
of  his  confinement  and  found  him  although  disposed  to  take  an  Oath 
of  Neutrality  yet  determined  against  every  kind  of  opposition  to  the 
Arms  of  His  Britannic  Majesty  considering  himself  a  Subject  of 
Great-Britain  notwithstanding  the  Declaration  of  Independency 

They  can  therefore  only  recommend  that  Mr  Pearis  be  admitted 
to  come  down  into  the  lower  Apartments  of  the  Jail  and  to  walk  in 
the  Garden  in  the  Day  Time  upon  his  Parole  that  he  will  take  no 


103 

Advantage  of  this  Indulgence  But  that  in  Case  of  actual  Invasion 
he  with  other  Prisoners  should  be  confined  more  strictly 

Your  Committee  was  afflicted  to  find  that  not  only  Mr  Pearis 
but  some  Prisoners  of  war  although  sick  were  shut  up  with  com- 
mon Criminals  and  confined  to  the  same  Provisions  with  them 
And  although  it  was  not  expressly  committed  to  them  and  only  fell 
under  their  observation  in  the  Course  of  their  Inquiry  into  Mr 
Pearis's  Grievances  yet  common  Compassion  for  the  miserable  and 
a  Regard  for  the  Honour  of  this  State  induce  them  to  recommend 
it  to  the  House  to  appoint  a  committee  to  examine  into  the  State 
of  the  Jail  and  the  Treatment  of  the  Prisoners  of  war  and  injoin  it 
upon  them  to  report  thereon  as  speedily  as  possible 

The  Report  being  read  a  Second  Time 

Resolved  That  this  House  do  agree  with  the  Report  of  the  Com- 
mittee 

Ordered  That  the  Reverend  Mr  Tennent  Colonel  Gervais  and  Cap- 
tain Scott  be  a  committee  to  examine  and  report  to  this  House  the 
state  of  the  Jail  and  the  Treatment  of  the  Prisoners  of  war 

Mr  DeSaussure  reported  from  the  Committee  to  consider  the  best 
means  of  providing  maintaining  and  regulating  a  Pilot-Boat  and 
Pilot  for  Beaufort  And  he  read  the  Report  in  his  Place  and  after- 
wards delivered  it  in  at  the  Clerk's  Table  where  the  same  was  read 
in  the  words  following 

That  no  less  than  Five  Commissioners  be  appointed  whose  Power 
shall  be  to  superintend  the  Pilotage  for  said  Port  to  cause  a  Pilot- 
Boat  to  be  built  and  for  the  Payment  of  which  this  House  do  grant 
them  a  sum  not  exceeding  Three  Thousand  Pounds  Currency  to  be 
paid  to  the  their  order  by  the  Treasurers 

That  this  House  do  also  grant  to  said  Commissioners  the  sum  of 
One  Thousand  Pounds  currency  per  annum  for  a  Salary  to  a  Pilot 
As  also  the  sum  of  Two  Hundred  Pounds  Currency  per  Annum 
for  keeping  in  Repair  said  Boat  which  sums  the  Commissioners 
shall  draw  on  the  Treasury  in  Half  yearly  Payments 

Ordered  That  the  Report  be  taken  into  Consideration  To-morrow 

Ordered  That  during  the  Recess  of  the  House  the  late  and  the 
present  Clerks  do  together  open  the  Packages  containing  the  Jour- 
nals Books  &  other  Papers  belonging  to  this  House  and  make  out  a 
catalogue  or  schedule  thereof  to  remain  in  the  Hands  of  the  present 
Clerk  with  the  Custody  of  the  said  Journals  Books  and  other  Papers 

And  then  the  House  adjourned  till  To-morrow  morning  Eleven 
of  the  Clock 


104 

Thursday  the   loth  Day  of  October.   1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  Yesterday's  Proceedings 

The  Members  of  the  Honourable  the  Legislative  Council  having 
been  desired  to  attend  in  this  House  to  join  in  balloting  for  a  captain 
and  commander  of  the  Brigantine  Comet 

Their  Honours  attended  accordingly 

The  Members  of  both  Houses  then  proceeded  in  the  balloting 

And  the  Ballots  being  reckoned 

Mr  Speaker  reported  That  Captain  Edward  Allen  was  by  a 
Majority  of  votes  duly  elected  Captain  and  Commander  of  the 
Brigantine  Comet 

Message  to  the  President 

May  it  please  your  Excellency 

This  House  having  jointly  with  the  Legislative  Council  by  Ballot 
duly  elected  Captain  Edward  Allen  to  be  Captain  and  Commander 
of  the  Brigantine  Comet  armed  in  the  service  of  this  State  request 
that  your  Excellency  will  commissionate  him  accordingly 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker 
do  sign  the  same 

Ordered  That  Mr  Skirving  and  Mr  Ladson  do  attend  the  Presi- 
dent with  the  Message 

Petitions  from  John  Gray  John  Morgridge  and  Stephen  Prosser 
Prisoners  in  Charles-Town  Jail  were  presented  to  the  House  and 
read 

Ordered  That  the  said  Petitions  be  referred  to  the  Committee 
appointed  yesterday  to  examine  and  report  the  state  of  the  Jail  and 
the  Treatment  of  the  Prisoners  of  War 

Colonel  Pinckney  presented  to  the  House  according  to  Order  a 
Bill  for  the  better  Regulation  of  the  Militia  of  this  State  and  for 
repealing  all  the  militia  Laws  and  Resolves  of  the  late  Provincial 
Congresses  respecting  the  militia  heretofore  made  And  the  same 
was  received  and  read  the  First  Time 

Ordered  'That  the  Bill  be  read  a  Second  Time 

Message  to  the  President 

May  it  please  your  Excellency 

This  House  having  resolved  That  a  Fort  and  Guard  at  the  Che- 
raws  are  unnecessary  request  that  your  Excellency  will  be  pleased 
to  give  orders  to  discontinue  the  building  of  the  said  Fort  and  for 
the  discharge  of  the  Guard  now  there  and  that  such  Part  of  the 
Powder  and  Lead  which  the  colonel  of  the  Regiment  of  that  Dis- 


trict  had  received  for  the  use  of  such  Guard  as  remains  unused  be 
delivered  to  the  care  and  custody  of  the  committee  for  St  Davids 
Parish 

Ordered  That  the  message  be  ingrossed  and  that  Mr  Speaker 
do  sign  the  same 

Ordered  That  Mr  Skirving  and  Mr  Ladson  do  carry  the  message 
to  the  President 

The  House  then  proceeded  on  the  Order  of  the  Day  to  consider 
the  Report  of  the  Committee  appointed  to  consider  and  report  the 
best  means  of  providing  maintaining  and  regulating  a  Pilot-Boat  and 
Pilot  to  attend  the  Bar  and  Harbour  of  Beaufort 

And  the  said  Report  being  read  and  debated  on  was  agreed  to  by 
the  House 

Ordered  That  Leave  be  given  to  bring  in  a  Bill  for  the  Purposes 
therein  mentioned 

Resolved  That  the  Bill  for  the  better  Regulation  of  the  Militia 
of  this  State  and  for  repealing  all  the  militia  Laws  and  Resolves 
of  the  late  Provincial  Congresses  respecting  the  militia  heretofore 
made  be  read  a  second  Time  on  Saturday  next  And  that  all  the 
Members  of  this  House  who  can  attend  be  summoned 

Message  from  the  Legislative  Council  by  the  Clerk  of  that  House 
In  the  Legislative  Council 

the  loth  Day  of  October  1776 
Mr?  Speaker  and  Gentlemen 

Upon  reading  a  Third  Time  "a  Bill  establishing  a  proper  Oath 
of  Qualification  to  be  taken  by  the  members  of  the  General  Assembly 
directing  the  method  of  choosing  Parochial  Committees  for  author- 
izing the  returning  officers  of  the  Parish  of  St  David  to  hold  their 
Elections  one  Day  at  the  Church  and  one  Day  at  the  Court  House 
and  for  other  Purposes  therein  mentioned" 

This  House  propose  the  following  amendment  may  be  made  to 
the  latter  End  of  the  clause  of  the  said  Bill  which  discharges  the 
members  of  the  General  Assembly  from  taking  the  State  Oath  viz 
"But  instead  thereof  tlie  members  of  the  General  Assembly  respec- 
tively at  the  Time  of  their  taking  the  Oath  of  Qualification  as  afore- 
said shall  before  the  same  Justice  of  the  Peace  take  the  following 
Oath  or  affirmation  riz  I,  A  B  do  swear  or  affirm  that  I  will  to  the 
utmost  of  my  Pozver  support  maintain  and  defend  the  Constitution 
of  South  Carolina  as  established  by  Congress  on  the  26th  Day  of 
March  1776  until  the  Legislative  Authority  of  this  State  shall  de- 
termine otherwise" 


This  House  likewise  propose  the  following  clause  should  be  made 
Part  of  the  said  Bill,  "And  be  it  further  Enacted  by  the  Authority 
aforesaid  That  all  church  wardens  or  other  Persons  who  shall  here- 
after manage  Elections  for  members  to  represent  the  several  Parishes 
and  Districts  respectively  within  this  State  shall  and  they  are  hereby 
authorized  and  impowered  before  they  receive  the  vote  from  any 
Elector  who  they  may  suspect  and  believe  hath  not  taken  the  Oath 
of  Fidelity  to  this  State  administer  the  same  to  all  and  every  such 
Elector  or  Electors  and  in  Case  of  their  Refusal  to  take  the  said  Oath 
he  or  they  shall  not  be  permitted  to  give  his  or  their  vote" — to 
which  we  desire  the  concurrence  of  your  House 

Resolved  That  this  House  do  concur  with  the  Honourable  the 
Legislative  Council  in  the  amendments  proposed  in  the  foregoing 
message 

Message  to  the  Legislative  Council 

Honourable  Gentlemen 

This  House  concur  with  your  Honours  in  the  amendments  pro- 
posed to  be  made  to  the  Bill  mentioned  in  your  message  of  this  Date 
and  desire  your  Honours  W7ill  amend  the  Bill  accordingly 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Ordered  That  Mr  Elias  Horry  Junior  and  Mr  Benjamin  Waring 
do  carry  the  Message  to  the  Legislative  Council 

Message  to  the  Legislative  Council 

Honourable  Gentlemen 

We  herewith  send  to  your  Honours  Copy  of  a  Resolve  of  this 
House  to  remit  certain  Fines  imposed  on  John  Thompson  and 
Richard  Thompson  to  which  we  desire  your  Honours  Concurrence 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker 
do  sign  the  same 

Ordered  That  Mr  Benjamin  Waring  and  Mr  Elias  Horry  Junior 
do  carry  the  Message  to  the  Legislative  Council 

And  then  House  adjourned  till  To-morrow  morning  Ten  of  the 
Clock. 

Friday  the  nth  Day  of  October  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  Yesterday's  Proceedings 

Mr  Skirving  reported  That  Mr  Ladson  and  himself  had  waited 
on  the  President  with  the  Message  they  had  in  Charge  And  that 
His  Excellency  was  pleased  to  say  he  would  issue  the  orders  re- 


quested  in  the  one  and  commissionate  Captain  Allen  as  desired  in 
the  other, 

Resolved  That  it  is  the  Opinion  of  this  House  That  no  Person  in 
this  State  indebted  to  any  Persons  subjects  to  the  King  of  Great- 
Britain  (the  Inhabitants  of  Bermuda's  and  the  Bahama  Islands 
excepted)  or  any  attorney  within  this  State  for  any  such  subjects 
(except  as  aforesaid)  ought  to  remit  or  pay  directly  or  indirectly 
to  any  such  subjects  (except  as  before  excepted)  or  for  their  use 
any  sum  of  money  or  merchandize  whatever  until  it  shall  be  other- 
wise directed  by  Law  except  attorneys  for  Persons  usually  Residents 
in  this  State  now  in  Great-Britain  and  intending  to  return  as  soon 
as  possible  to  this  State  and  the  Parents  and  Guardians  of  youth 
now  residing ''and  educating  in  Great-Britain  or  in  any  other  Part 
of  Europe  which  last  mentioned  attorneys  Parents  and  Guardians 
may  be  at  Liberty  to  remit  for  the  use  of  their  Constituents  Children 
and  Wards  such  sums  as  they  shall  think  necessary  and  expedient 
for  their  support  or  Education  and  maintenance 

Resolved  also  That  it  is  the  Opinion  of  this  House  that  all  absen- 
tees holding  Estates  in  this  State  should  use  every  means  in  their 
Power  forthwith  to  return  to  this  State 

Ordered  That  a  Copy  of  the  above  Resolves  be  sent  to  the  Legis- 
lative Council  for  their  concurrence  and  to  the  President  for  his 
assent 

Message  to  the  Legislative  Council 

Honourable  Gentlemen 

We  herewith  send  a  Copy  of  Resolves  entered  into  by  this  House 
to  which  we  desire  your  Honours  concurrence 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker 
do  sign  the  same 

Ordered  That  Mr.  Middleton  and  Mr.  McQueen  do  carry  the  Mes- 
sage to  the  Legislative  Council 

Mr.  DeSaussure  presented  to  the  House  according  to  Order  an 
Ordinance  for  allowing  and  keeping  in  Repair  a  Pilot  Boat  to  attend 
the  Bar  and  Harbour  of  Beaufort  and  for  settling  and  regulating 
the  Pilotage  of  the  said  Harbour  And  the  same  was  received  and 
read  the  First  Time 

Ordered  That  the  Ordinance  be  read  a  Second  Time 

And  the  same  being  read  accordingly 

Ordered  That  the  Ordinance  be  sent  to  the  Legislative  Council 

Ordered  That  Mr  Benjamin  Waring  and  Mr.  Thomas  Waring  do 
carry  the  same  to  the  Legislative.  Council 


io8 

Resolved  That  the  Commissioners  for  purchasing  and  delivering 
salt  shall  for  One  Month  after  this  Date  deliver  Salt  to  Persons 
applying  for  it  (without  Certificates  from  Committees)  upon  such 
Persons  making  Oath  of  the  Number  .of  Families  they  apply  for 
and  that  they  will  distribute  the  salt  in  the  allotted  Proportions 
amongst  such  Persons 

Ordered  That  the  Petition  of  Elizabeth  Black  presented  to  this 
House  on  Wednesday  last  be  referred  to  a  Committee 

And  it  is  referred  to  the  Reverend  Mr  Tennent  Major  Cattell 
and  Mr  Ralph  Izard 

Resolved  That  the  Commissioners  of  the  Treasury  as  a  further 
Encouragement  to  the  Commander  and  Marines  belonging  to  the 
vessel  called  the  Revenge  do  pay  and  advance  to  the  said  Commander 
and  Men  out  of  the  amount  of  the  Sales  of  the  Cargo  taken  from 
on  board  the  Transport  Brigantine  called  the  Glasgow-Packett  One 
Sixth  of  the  neat  Amount  of  Sales  of  the  said  Cargo 

Ordered  That  a  Copy  of  the  above  Resolve  be  sent  to  the  Legis- 
lative Council  for  their  Concurrence  and  to  the  President  for  his 
assent 

Message  to  the  Legislative  Council 

Honourable  Gentlemen 

We  herewith  send  Copy  of  a  Resolution  this  Day  entered  into  by 
this  House  to  which  we  desire  your  Honours  Concurrence 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker 
do  sign  the  same 

Ordered  That  Captain  Roger  Smith  and  Mr.  Chiffelle  do  carry  the 
same  to  the  Legislative  Council 

The  Honourable  Mr.  Heyward  reported  from  the  Committee  to 
whom  the  memorial  of  divers  Inhabitants  of  Charles  Town  was 
referred  And  he  read  the  Report  in  his  Place  and  afterwards  de- 
livered it  in  at  the  Clerk's  Table  where  the  same  was  read  and  is  as 
followe*th 

That  it  is  their  Opinion  Leave  should  be  given  to  bring  in  a  Bill 
for  establishing  and  keeping  Three  Watch  Companies  in  Charles 
Town 

Resolved  That  the  Report  be  taken  into  Consideration  immediately 

And  the  same  being  accordingly  taken  into  consideration  and 
agreed  to  by  the  House 

Ordered  That  Leave  be  given  to  bring  in  such  a  Bill  and  that  the 
Honourable  Mr  Heyward  do  prepare  and  bring  in  the  same 


The  Honourable  Mr  Heyward  according  to  order  presented  to  the 
House  a  Bill  for  establishing  and  keeping  Three  Watch  Companies 
in  Charles-Town  and  the  same  was  received  and  read  the  First 
Time 

Ordered  That  the  Bill  be  read  a  Second  Time  To-morrow 

The  Clerk  of  the  Legislative  Council  brought  from  that  House  a 
Bill  to  impower  the  Court  of  Admiralty  to  have  Jurisdiction  in  all 
Cases  of  Capture  of  the  ships  and  other  vessels  of  the  Inhabitants 
and  Subjects  of  Great-Britain  to  establish  the  Trial  by  Jury  in  the 
said  Court  in  Cases  of  Capture  and  for  the  other  Purposes  therein 
mentioned — Read  a  Second  Time  in  the  said  Council,  also 

A  Bill  for  establishing  a  proper  Oath  of  Qualification  to  be  taken 
by  the  members  of  the  General  Assembly  directing  the  method  of 
choosing  Parochial  and  District  Committees  for  authorizing  the 
returning  Officers  for  the  Parish  of  St  David  to  hold  their  Elec- 
tions one  Day  at  the  Church  and  one  Day  at  the  Court  House  and 
for  the  Purposes  therein  mentioned — Read  a  Third  Time  in  that 
House 

Ordered  That  the  Title  of  the  Bill  be  "an  Act"  and  that  the  Act  be 
ingrossed 

The  Reverend  Mr  Tennent  presented  to  the  House  according  to 
Order  a  Bill  of  Free  and  General  Pardon  And  the  same  was 
received  and  read  the  First  Time 

Ordered  That  the  Bill  be  read  a  Second  Time 

Ordered  That  the  Clerk  of  this  House  do  cause  all  the  Acts  and 
Ordinances  passed  by  the  Legislature  of  this  State  to  be  printed  as 
soon  as  may  be  after  their  passing  for  the  use  of  the  members  of 
both  Houses 

And  then  the  House  adjourned  till  To-morrow  morning  nine  of 
the  Clock 

Saturday  the  I2th  Day  of  October  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  yesterday's  Proceedings 

Mr  Capers  reported  from  the  Committee  to  whom  the  Petition 
of  William  Hort  Esquire  was  referred  And  he  read  the  Report  in 
his  Place  and  afterwards  delivered  it  in  at  the  Clerk's  Table  where 
the  same  was  read  and  is  as  followeth 

That  they  have  considered  the  Petition  of  Mr  Hort  and  are  of 
opinion  the  Prayer  of  the  Petition  ought  to  be  granted  But  inasmuch 
as  there  are  many  Inhabitants  of  this  State  in  the  same  Situation 


IIO 

with  Mr  Hort  your  Committee  recommend  that  this  House  enter 
into  a  Resolve  desiring  all  Persons  that  have  received  Damages  in 
the  like  Case  to  make  them  known  within  six  months  in  order  that 
Provision  may  be  made  for  the  same  And  that  notice  be  given  in 
the  Gazette  for  that  Purpose 

Ordered  That  the  Consideration  of  the  Report  be  postponed  in 
order  to  proceed  upon  the  Order  of  Day 

The  Order  of  the  Day  being  read 

Ordered  That  the  Messengers  do  go  out  and  summon  all  the 
absent  members  to  give  their  immediate  attendance 

A  Motion  was  then  made  that  the  Order  of  the  Day  for  reading 
a  Second  Time  a  Bill  for  the  better  Regulation  of  the  Militia  of 
this  State  and  for  repealing  all  the  Militia  Laws  and  Resolves  of  the 
late  Provincial  Congresses  respecting  the  Militia  heretofore  made" 
be  postponed 

A  Debate  ensued 

And  the  Question  being  put 

The  House  divided 

Teller  for  the  yeas  Colonel  Pinckney — 46 

Teller  for  the  noes  the  Honourable  Mr  Lowndes — 42 

So  That  it  was  Resolved  in  the  affirmative 

Daniel  Heyward  Junior  Esquire  took  the  Oath  prescribed  by  the 
Constitution  and  his  Seat  as  a  member  of  this  House 

Message  from  the  Legislative  Council  by  their  Clerk 

Mr.  Speaker  and  Gentlemen 

Upon  reading  your  Message  to  this  House  of  yesterday  with 
the  Resolution  which  accompanied  it  for  remitting  the  Fine  imposed 
upon  Richard  Thompson  and  John  Thompson  we  are  at  a  Loss  to 
know  what  those  Fines  were  and  for  what  Cause  they  were  imposed 
and  therefore  we  shall  be  glad  to  be  informed  of  the  Particulars  of 
those  mens  Cases  if  your  House  is  possessed  of  any  Information 
leading  thereto 

In  the  Legislative  Council 

1 2th  Day  of  October  1776 

By  Order  of  the  House 
Thomas  Shubrick  Speaker 

Ordered  That  the  Honourable  Mr  Justice  Mathews  do  examine 
and  compare  with  some  member  of  the  Legislative  Council  an  in- 
grossed  Bill  for  establishing  an  Oath  of  Qualification  to  be  taken 
by  the  members  of  the  General  Assembly  directing  the  method  of 
choosing  Parochial  and  District  Committees  for  authorizing  the  re- 


Ill 

turning  officers  for  the  Parish  of  St  David  to  hold  their  Elections 
one  Day  at  the  Church  and  one  Day  at  the  Court  House  and  for 
other  Purposes  therein  mentioned 

The  Honourable  Mr  Justice  Mathews  reported  that  the  Bill  had 
been  examined  and  compared  according  to  order  and  that  the  same 
was  truly  ingrossed 

Ordered  That  the  Honourable  Mr  Justice  Mathews  and  Mr  Daniel 
Heyward  Junior  do  wait  on  the  President  with  the  Bill  to  desire  that 
the  Seal  may  be  affixed  thereto  and  to  know  whert  his  Excellency 
will  please  to  receive  this  House  to  present  the  same 

The  Honourable  Mr  Justice  Mathews  reported  that  Mr  Heyward 
and  himself  had  waited  on  the  President  with  the  Bill  and  message 
they  had  in  Charge  And  that  His  Excellency  was  pleased  to  say  he 
would  receive  this  House  presently  in  the  Council  Chamber 

Ordered  That  the  Honourable  Mr  Lowndes  Colonel  Gadsden  the 
Honourable  Mr  Justice  Bee  the  Honourable  Mr.  Justice  Mathews 
the  Honourable  Mr  Heyward  Colonel  Pinckney  Captain  Trapier  Mr. 
Attorney-General  and  the  Honourable  Mr  Edwards  be  a  Committee 
to  revise  the  Constitution  or  Form  of  Government  and  to  report  to 
the  House  such  alterations  or  additions  as  may  be  expedient  to  make 
thereto 

Ordered  That  Leave  be  given  to  bring  in  an  Ordinance  for  open- 
ing and  improving  the  Inland  Navigation  in  this  State  And  that  the 
Honourable  Mr  Justice  Bee  do  prepare  and  bring  in  the  same 

An  Ordinance  for  allowing  and  keeping  in  Repair  a  Pilot  Boat 
to  attend  the  Bar  and  Harbour  of  Beaufort  and  for  regulating  the 
Pilotage  of  the  said  Harbour"  was  read  a  Third  Time 

Resolved  That  the  Ordinance  do  pass 

Ordered  That  the  Ordinance  be  sent  to  the  Legislative  Council 
for  their  Concurrence 

Ordered  That  Colonel  Gadsden  and  Mr.  Osborn  do  carry  the  Ordi- 
nance to  the  Legislative  Council 

Colonel  Gadsden  reported  That  Mr.  Osborn  and  himself  had  de- 
livered the  Ordinance  they  had  in  Charge  to  the  Legislative  Council 

Message  from  the  President  by  the  Clerk  of  the  Legislative 
Council 

Mr  Speaker 

His  Excellency  the  President  is  now  in  the  Council-Chamber 
ready  to  receive  this  House  with  the  Bill  they  have  to  present 

And  then  the  Messenger  withdrew 


112 

Mr  Speaker  with  the  House  accordingly  attended  the  President 
in  the  Council  Chamber 

And  being  returned  . 

Mr  Speaker  reported  That  this  House  having  attended  the  Presi- 
dent in  the  Council  Chamber  he  had  presented 

An  Act  for  establishing  a  proper  Oath  of  Qualification  to  be  taken 
by  the  members  of  the  General  Assembly  directing  the  method  of 
choosing  Parochial  and  District  Committees  for  authorizing  the  re- 
turning officers"  for  the  Parish  of  St  David  to  hold  their  Elections 
one  Day  at  the  Church  and  one  Day  at  the  Court  House  and  for  other 
Purposes  therein  mentioned 

To  which  His  Excellency  had  been  pleased  to  give  his  assent 

The  Clerk  of  the  Legislative  Council  brought  from  that  House 
an  Ordinance  for  allowing  and  keeping  in  Repair  a  Pilot  Boat  to 
attend  the  Bar  and  Harbour  of  Beaufort  and  for  regulating  the 
Pilotage  of  the  said  Harbour"  Read  a  Third  Time  in  that  House 

Ordered  That  the  Ordinance  be  ingrossed 

Message  to  the  Legislative  Council 

Honourable  Gentlemen 

In  answer  to  your  message  just  now  received  we  herewith  send 
you  a  Petition  and  a  Report  of  a  Committee  thereon  as  agreed  to 
by  this  House  which  will  inform  you  the  Particulars  of  the  cases 
of  Richard  and  John  Thompson  and  of  the  Grounds  of  the  Resolu- 
tion of  this  House  with  respect  to  those  Persons 

Ordered  That  the  message  be  ingrossed  and  that  Mr  Speaker 
do  sign  the  same 

Ordered  That  Mr  Pinckney  and  Mr  Thomas  Waring  do  carry  the 
message  to  the  Legislative  Council 

The  House  then  proceeded  on  a  Second  Reading  of  a  Bill  for 
establishing  and  keeping  Three  Watch  Companies 

And  having  made  some  Progress  therein 

Ordered  That  the  further  proceeding  in  the  said  Bill  be  adjourned 
till  Monday  next 

Ordered  That  George  Robinson  George  Pawley  and  Francis 
Adams  Esquires  have  Leave  of  Absence  from  the  Service  of  this 
House  to  attend  the  approaching  Elections  in  their  respective  Dis- 
tricts 

Resolved  That  all  necessary  Repairs  to  the  Public  Buildings  be 
forthwith  made  and  this  House  will  provide  for  the  Expence  thereof 

And  then  the  House  adjourned  till  Monday  Morning  Ten  of  the 
Clock. 


Monday  the  I4th  day  of  October  1776. 

The  House  met  according  to  Adjournment 

Read  the  Journal  of  Saturdays  Proceedings 

Mr.  Neufville  reported  from  the  Committee  to  examine  the  Public 
Treasury  accounts  and  to  report  to  the  House  an  exact  and  circum- 
stantial Account  of  the  state  of  the  Treasury  what  sums  have  been 
issued  and  for  what  particular  Service  arranging  under  distinct 
Heads  the  particular  Services  for  which  the  monies  have  been 
expended,  And  he  read  the  Report  in  his  Place  and  afterwards 
delivered  it  in  at  the  Clerk's  Table  where  the  same  was  read  and 
is  as  followeth 

That  the  Commissioners  of  said  Treasury  have  paid  the  following 
Sums  on  the  accounts  and  to  the  several  Persons  under  mentioned 


viz 


The  First  and  Second  Regiments £351256. 


The  3d  Regiment  of  Rangers 

The  4th  Regiment  of  Artillery 

The  5th  &  6th  Regiments  of  Riflemen 

Rice   

Flour  

Indian  affairs  exclusive  of  100  tt  of  Gun 

Powder   

North  Carolina  for  the  Prisoners  Dunn 

and    Boote 

Vestry  of  St  Philip's  Parish 

Brigantine  William .  . .' 

Schooner  Islington  &  her  Cargo 

Cargo  per  the   Brigantine   Notre  Dame 

and   Disbursments   for  the  vessel 

Fire  Masters  for  Charles  Town 

Edward  &  John  Blake '. . . . 

Voyage  per  the  Rebecca  from  George  Town 

Colonel  Richardson's  Expedition 

Naval    Department 

Artillery  Company  at  Port  Royal 

Contingencies    t 

Fortifications    

John  Scott  son  of  Jonathan 

Joseph  Darrell 


139322. 

60936. 

92029 . 

27782. 

3754- 


18. 

8. 
18. 

7- 
13- 

2. 


105. 

6500. 

2687. 

192379. 

IOI544. 

12256. 

303765- 
53200. 


4- 

ii. 

8. 

i . 

18. 

5- 
4- 


12865..  9--  9 


2172. 

•  7-- 

8 

£io,ooo. 

.  .  . 

1167. 

.  IO. 

6 

21865. 

.17.. 

5 

29656. 

.  IO.  . 

6 

3000. 


S— H.    C. 


Georgia  4653 .  .    i .  .  4 

Nitre  Works £2810.  .15.  .10 

William  Bartey's  account     350.  . 

3160. .15. .10 

Continental  Congress....  6115.. 17.. 
And    for    payment    of  ) 

Continental  Troops . .  J  ' 

38090.  .17.  .  — . 

Works  on  Sullivants  Island 39052.  .  1 1 .  .  10 

Commissary  General 130000 

Salaries  to  the  Clergy 5825 .  .  18.  .   9 

Cargo  per   Schooner   Peggy  at   George 

Town I2737'  •"•• '      ' 

Commissioners  for  Buying  Rifles 5719 

Contingent   Fund    for   His    Excellency.      ) 

the    President j          2760 

Artillery  Company  at  George  Town  and      ) 

for  the  Fort  there |          7362.  .14.-  6 

Militia    209991 .  .  4 .  .   3 

Peter  Lepoole  and  John  Burnley  for  Rice   ") 

shiped  on  the  Brigantine  Liberty  Philip      I          5227..  13..   4 

Conway    master J 

Robert  Cochran 951 .  .  10.  .  6 

Voyage  for  the  schooner  Little  Thomas      ) 

-      .    S>  -|-    y  A 

Captain  Nelmes  to  Bermuda j 

Paul    Pritchard .*. .  1000 

Virginia    65 

Commissioners   for  laying   Obstructions 

on  the  Bar ^5646.  .  12.  .  6 

Commissioners  for  Purchasing  Salt  Bal-     ) 

ance  of  this  account j 

Commissioners    for    Importing    Cloaths 

for  the  Troops 439&O  ..17..  9 

Fortifications  on  James-Island 6307..  14..    i 

Commission's    of     Fort     Lyttleton     Port 

Royal   ;...  2373..  7..  5 

Stockade  Fort  and  keeping  a  Garison  at 

Cheraws    7647 .  .  19 . .  6 

Captain  Barrel! 's  Company  at  Lyttleton's 

Bastian 2329  ..15..  3 


"5 

For  the  Care  of  John  Stuart's  Estate  and 

Mrs  Stuart's  allowance j 

Premiums  for  making  Hemp 550.  .12.  .   8 

Premiums  for  making  Linen  and  Thread.  .  180.  .      .  . — 

For  the  use  of  the  Hospital 8389 .  .   5 .     6 

Naval  Department  at  George  Town 5722.  .  6.  . — 

Philip  Will  Barrack  master  and  Post  Rider  3108.  .    I .  .   3 

Captain  John   Copithorn 355.  .  15.  . — 

Edward  Darrell  Commissary  to  the  naval 

Department    3000 

Tacitus  Gaillard  Quarter  Master  General.  .  200.  .      .  . — 
Paid  John  ^cott  the  Balance  on  a  Cargo 


per  Schooner  Polly [ 

Cargo  per  the  Constitution  and  Purchase 

r^u  -JIT-          1  O202.  .14.. 

of  the  said  Vessel \ 

Indico  per  the  sloop  Swift  Captain  Morgan  16862.  .  12.  .  4 

Baron   Matzenback 85 ..      .  . — 

Colonel  Williamsons  Expedition  against      ) 

..      T    ..  ,20039.  •      •  • — 

the  Indians j 

Bounty  on  Flour  the  Balance  after  de-      ) 

ducting  the  Duty  received  on  Flour .  . .  .  j 

Commissioners  for  carrying  on  Salt  Works  337.  .   4.  .   9 

Commissioners  for  the  works  at  Dorchester  3046.  .   2.  .   2 

General    Lee 487..  10.. — 

Expedition  to  Savannah 1617.  .      .  . — 

Cargo  per  Schooner  Polly  John  Besnard 

master    11643..      •• — 


i7.  .10 

Balance  remaining  in  the  Treasury  3d        \ 
October     1776    £6000    of    which     is    V  .  .380.. 537.  .   2..IO 
ordered  not  to  be  issued .  .  \ 


£2,450104.  .  o.  .  8 

The  Commissioners  of  the  Treasury  have  received  the  following 
sums  viz 

of  Edward  Oats  on  Account  of  Ogna-         ) 

brugs  sold  by  him j  ' 

of  Henry  Peronneau  and  Benjamin  Dart  [ 

late   Treasurers.  .  ,    \          o  o     •  •      •  • 


n6 

• 

Borrowed  of  Gabriel  Manigault 15,500..      .. — 

For  Sugars  per  the  ship  Port  Henderson.  .  46,217.  .  18.  .   2 

of  James  Leakie  on  account J556.  .      -  . — 

of  George  Abbot  Hall  from  the  Custom 

House 2606 .  .   2 .  .   6 

Fines  and  Forfeitures  to  the  State 581 .  .  6.  .  8 

Payments  on  the  Bonds  and  notes  deliv-  ) 

ered  up  by  Messrs.  Peronneau  &  Dart   V  8893.  .18.  .  7 

late    Treasurers ) 

Transient   Duties 15..   2..   3 

Grant  of  the  I4th  June  1775 1,000000.  .      .  . — 

Grant  of  I5th  November  1775  in  Part.  . .  .  118365.  .      .  . — 
from   the   Continental   Congress   288,000 


T\^II  c        468,000. 

Dollars J 

Grant  of  6th  March  1776 750.  .000. 


£2,450,104.  .  o.  .   8 

Ordered  That  it  be  referred  to  the  Committee  on  the  State  of  the 
Treasury  to  consider  and  report  to  the  House  proper  ways  and 
means  of  supplying  the  Treasury  in  the  Recess  of  the  House  with 
such  monies  as  may  be  immediately  wanted  for  the  Public  Service 
and  how  the  monies  issued  that  have  been  counterfeited  may  best  be 
called  in  and  the  counterfeiting  of  money  in  future  prevented 

Ordered  That  the  Honourable  Mr  Justice  Bee  and  the  Honourable 
Mr  Heyward  be  added  to  the  said  Committee 

The  Reverend  Mr  Tennent  reported  from  the  Committee  to  whom 
the  Petition  of  Elizabeth  Black  was  referred  And  he  read  the  Report 
in  his  Place  and  afterwards  delivered  it  in  at  the  Clerk's  Table  where 
the  same  was  read  in  the  following  words 

That  it  is  their  Opinion  that  the  Prayer  of  the  Petition  should  be 
granted  And  the  Sum  of  Three  Hundred  and  Fifty  Pounds  be  given 
the  Petitioner  to  enable  her  to  transport  herself  and  Family  to  the 
State  of  Pensylvania  or  to  any  other  northern  State  in  which  the 
Petitioner  shall  think  the  Health  of  her  Family  may  be  established 

Resolved  that  the  Report  be  taken  into  Consideration  immediately 

And  the  said  Report  being  taken  into  Consideration  accordingly 
was  amended  and  agreed  to  and  is  as  followeth 

That  it  is  their  Opinion  That  the  Prayer  of  the  Petition  should 
be  granted  And  that  the  sum  of  Four  Hundred  Pounds  Currency  be 
given  to  the  Petitioner  to  enable  her  to  transport  her  self  to  the 


state  of  Pensylvania  or  to  any  other  northern  State  in  which  she  the 
Petitioner  shall  think  the  Health  of  her  Family  may  be  established  in 
full  and  in  Lieu  of  all  Claims  which  she  might  have  against  the  Pub- 
lic of  this  State 

The  Honourable  Mr  Lowndes  reported  from  the  Committee  to 
whom  it  was  referred  to  revise  the  Constitution  or  Form  of  Govern- 
ment and  to  report  to  the  House  such  alterations  or  additions  as  may 
be  expedient  to  make  thereto  And  he  read  the  Report  in  his  Place  and 
afterwards  delivered  it  in  at  the  Clerk's  Table  where  the  same  was 
read  in  the  words  following 

That  inasmuch  as  the  Constitution  or  Form  of  Government  agreed 
to  and  resolved  upon  on  the  26th  Day  of  March  last  was  calculated 
for  and  suited~to  the  then  situation  of  Public  affairs  and  looking  for- 
ward to  an  accommodation  of  Differences  with  Great-Britain  (an 
Event  then  desired)  was  Tempory  only  And  whereas  the  American 
States  are  now  constituted  Independent  States  and  the  Political 
Connexion  heretofore  subsisting  between  them  and  Great-Britain  is 
dissolved  And  it  therefore  becomes  necessary  in  order  to  perfect  and 
perpetuate  the  said  Constitution  or  Form  of  Government  that  some 
Amendments  and  Alterations  should  be  made  thereto  your  Com- 
mittee therefore  humbly  recommend  the  following 

1.  That  instead  of  Province  or  Colony  the  Stile  hereafter  be  the 
State  of  South  Carolina 

2.  That   the   second    Resolution   of   the   said   Constitution   which 
requires  that  the  Legislative  Council  be  elected  out  of  the  Body  of 
the  Representatives  of  the  People  be  altered  and  hereafter  that  the 
Legislative  Council  be  elected  either  out  of  the  Body  of  Represen- 
tatives or  from  the  People  at  large  . 

3  That  the  fourth  Resolution  be  altered  so  that  no  vacancies  here- 
after happening  in  the  General  Assembly  by  the  Election  of  any 
member  into  the  Legislative  Council  be  filled  up  by  a  new  election 

4  Fifth  That  the  number  of  the  Privy  Council  be  increased  to  nine 
members  including  the  Vice  President  four  to  be  chosen  by  each 
House  either  out  of  the  Houses  respectively  or  from  the  People  at 
large  the  Quorum  to  consist  of  Five 

5  Tenth  That  this  Resolution  shall  not  be  construed  to  vacate  the 
Seat  of  any  member  who  is  or  may  be  a  Delegate  from  this  State  to 
the  Continental  Congress  (as  such) 

6  Eleventh   That  when  the   House  can  possess   itself  of  proper 
information    so    as    to    estimate    the    particular    and    comparative 
Strength  and  Property  of  the  different  Parts  of  this  State — that  then 


the  House  do  proceed  to  a  Reduction  of  the  present  Representation 
in  the  most  equal  and  just  Proportion  Regard  being  always  had  to 
the  number  of  white  Inhabitants  and  Property  of  the  People 

7  Thirteenth  That  the  President  and  Commander  in  Chief  or  any 
future  President  or  Commander  in  Chief  to  be  elected  President  at 
any  of  the  stated  Elections  hereafter  shall  not  be  eligible  to  serve  in 
the  said  Office  after  the  Expiration  of  the  Term  of  their  first  Elec- 
tion for  and  during  the  full  End  and  Term  of  six  years 

8  Fourteenth  That   in   Case  of  the   Sickness   or   Absence   from 
Charles-Town  of  the  President  and  Commander  in  Chief  the  Vice- 
President  being  impowered  thereto  by  the  President  shall  act  in  his 
stead  during  such  sickness  or  absence — agreeable  to  a  Law  passed 
6th  April  1776 

9  Sixteenth   That  a   Chancellor  be   appointed  to  preside   in   the 
Court  of  Chancery  and  this  Clause  giving  Power  to  the  Vice-Presi- 
dent  and  Privy  Council  to  exercise  the  Powers  of  a  Court  of  Chan- 
cery be  annulled. 

10  That  the  House  do  also  appoint  or  direct  that  proper  Persons 
be  impowered  in  the  several  Districts  in  this  State  to  prove  wills 
grant  administrations  and  do  such  other  matters  as  are  incident  to  a 
Court  of  Ordinary  that  the  People  of  this  State  may  avoid  the  great 
Expence  and  Trouble  of  coming  to  Charles-Town  on  every  such 
Occasion 

11  That  a  Court  of  Appeals  be  also  established  in  this  State  and 
Judges  appointed  to  consist  of  Seven  Persons  to  have  Cognizance 
in  all  matters  of  Error  That  they  be  elected  and  Commissioned  in 
the  same  manner  the  other  Judges  are  directed  to  be  and  liable  to  be 
removed  as  prescribed  in  the  twentieth  Clause 

12  Twenty-second  That  the  Collector  and  the  Controller  of  the 
Country-Duties  be  ballotted  for  and  appointed  in  the  same  manner 
as  the  other  officers  are  directed  to  be  by  the  twenty  second  Reserve 

13  Twenty-eight  That  all  Resolutions  of  the  Continental  Congress 
shall  be  of  full  Force  until  altered  by  them 

14  Thirty-third  That  the  Oath  enjoined  to  be  taken  by  all  Persons 
appointed  to  any  Place  of  Trust  be  amended  by  leaving  out  the 
words  ''until  an  accommodation  of  the  Differences  between  Great- 
Britain  and  America  shall  take  Place 

Your  Committee  further  recommend  That  in  order  to  avoid  as 
much  as  possible  unhappy  Differences  and  Jealousies  amongst  the 
Inhabitants  of  this  State  with  Regard  to  religious  Principals  that 


no  ministers  of  the  Gospel  or  Priest  of  any  religious  Persuasion  be 
permitted  or  allowed  to  be  a  member  of  either  House 

Ordered  That  the  Report  be  taken  into  consideration  To-morrow 

It  being  moved  and  seconded  That  inasmuch  as  the  fourth  Clause 
of  an  Act  intitled  "an  Act  for  appointing  a  Public  Treasurer  and 
other  Public  officers  passed  the  2Oth  Day  of  September  1721  incapaci- 
tating members  of  the  Council  or  Cornmons  House  of  Assembly  from 
being  Public  Treasurer  Controller  or  Powder-Receiver  is  of  Force 
therefore  the  House  do  resolve  that  the  Seats  of  the  present  Treas- 
urers who  are  members  of  this  House  are  vacant 

After  some  Debate  thereon 

Ordered  That  this  matter  be  referred  to  the  Committee  of  Privi- 
leges and  Elections 

Mr.  Attorney  General  reported  from  the  Committee  to  whom  the 
President's  messages  of  the  8th  and  Qth  Instant  and  the  extracts  of 
a  Letter  and  Resolves  of  the  Continental  Congress  accompanying  the 
same  were  referred  And  he  read  the  Report  in  his  Place  and  after- 
wards delivered  it  in  at  the  Clerk's  Table  where  the  same  was  read 
and  is  as  followeth 

That  in  order  to  comply  with  the  Recommendation  of  the  Con- 
tinental Congress  to  take  the  most  speedy  and  effectual  measures  for 
inlisting  our  Quota  of  Troops  they  are  of  opinion  That  a  Bounty 
of  Ten  Dollars  over  and  above  the  Continental  Bounty  be  given  to 
such  non-commissioned  officer  and  private  Soldier  who  shall  inlist 
to  serve  during  the  present  war  in  any  of  the  South-Carolina  Regi- 
ments on  the  Continental  Establishment  And 

That  in  Lieu  of  the  Bounty  formerly  given  to  officers  for  Recruits 
each  recruiting  officer  be  allowed  besides  his  Pay  Two  dollars  per 
Day  for  each  Day  he  shall  be  actually  on  that  service 

Your  Committee  likewise  recommend  That  the  Two  Regiments 
of  Riflemen  as  soon  as  their  present  Time  of  inlistment  is  expired 
shall  be  put  upon  the  same  Establishment  with  Regard  to  Pay 
Bounty  and  Cloathing  as  the  Two  Regiments  of  Infantry 

Ordered  That  the  Report  be  taken  into  Consideration  To-morrow 

Ordered  That  Colonel  Gervais  Mr.  Williams  Captain  Singleton 
Captain  Patrick  Captain  Harrington  Major  Cattell  and  the  Honoura- 
ble Mr  Justice  Mathews  be  added  to  the  Committee  on  the  Presi- 
dents message  accompanied  by  Brigadier  General  Howe's  Letter 

The  House  then  proceeded  in  the  Second  Reading  of  a  Bill  for 
establishing  keeping  and  maintaining  Three  Watch  Companies  in 
Charles-Town 


I2O 

Upon  Reading  the  Sixth  Section  a  motion  was  made  to  strike 
out  these  words  at  the  End  thereof,  (viz)  "and  when  the  militia  of 
this  State  are  called  out  and  do  actual  Duty  that  then  the  officers 
and  private  men  of  the  said  watch  Companies  respectively  shall  be 
allowed  such  Rations  as  are  provided  for  the  officers  and  private* 
men  of  the  said  militia" 

And  the  Question  being  put 

It  passed  in  the  negative 

The  Bill  being  read  the  Second  Time 

Ordered  That  the  Bill  be  sent  to  the  Legislative  Council 

Ordered  That  Major  Simons  and  Mr.  Thomas  Middleton  Junior 
do  carry  the  Bill  to  the  Legislative  Council 

Mr.  Pinckney  reported  That  Mr  Waring  and  himself  had  delivered 
the  message  they  had  in  charge  to  the  Legislative  Council 

And  then  the  House  adjourned  till  To-morrow  morning  Ten  of 
the  Clock 

Tuesday  the  I5th  Day  of  October  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  yesterday's  Proceedings 

William  Tucker  Esquire  was  returned  as  duly  elected  a  Represen- 
tative of  the  District  of  Saxe-Gotha 

Mr  Tucker  attending  at  the  Door  was  called  in  and  took  the  Oath 
prescribed  by  the  Constitution  and  his  Seat  as  a  Member 

The  House  being  moved  That  the  Order  made  on  the  I2th  Instant 
for  postponing  the  Second  Reading  of  a  Bill  for  the  better  Regula- 
tion of  the  militia  of  this  State  and  for  repealing  all  the  militia  Laws 
and  Resolves  of  the  Provincial  Congresses  respecting  the  militia 
heretofore  made  "be  discharged 

Ordered  That  the  said  Order  be  discharged 

Ordered  That  the  Order  of  the  Day  to  take  into  Consideration  the 
Report  of  the  Committee  to  whom  it  was  referred  to  revise  the  Con- 
stitution or  Form  of  Government  and  to  report  to  the  House  such 
alterations  or  additions  as  may  be  expedient  to  make  thereto  be  post- 
poned till  To-morrow 

The  House  then  proceeded  upon  the  other  Order*of  the  Day  to 
take  into  Consideration  the  Report  of  the  Committee  to  whom  the 
President's  message  of  the  8th  and  9th  Instant  with  the  Papers 
accompanying  the  same  were  referred 

And  the  Report  being  taken  into  Consideration  accordingly  was 
amended  and  agreed  to  by  the  House  and  is  in  the  words  following 


121 

That  in  order  to  comply  with  the  Recommendation  of  the  Con- 
tinental Congress  to  take  the  most  speedy  and  effectual  measures  for 
inlisting  our  Quota  of  Troops  they  are  of  Opinion  That  a  Bounty  be 
given  to  such  non-commissioned  officer  and  private  soldier  who  shall 
inlist  to  serve  during  the  present  war  in  any  of  the  South-Carolina 
Regiments  on  the  Continental  Establishment.  And, 

That  in  Lieu  of  the  Bounty  formerly  given  to  officers  for  Recruits 
each  recruiting  officer  be  allowed  besides  their  pay  Two  Dollars  per 
Day  for  each  Day  he  shall  be  actually  on  that  service 

Your  Committee  likewise  recommend  That  the  Fifth  Regiment  of 
this  State  shall  immediately  or  as  soon  as  may  be  put  upon  the  same 
Establishment  with  Regard  to  arms  Pay  Bounty  and  Cloathing  as  the 
Two  Regiments  of  Infantry  are  And  that  the  Sixth  Regiment  shall 
likewise  be  put  upon  the  same  Establishment  in  the  like  respects  as 
soon  as  the  Field-Officers  of  the  last  mentioned  Regiment  shall  agree 
thereto 

Message  from  the  President  by  the  Clerk  of  the  Legislative  Council 

Mr  Speaker  and  Gentlemen 

Your  message  of  the  nth  of  April  having  been  notified  to  the 
Crown  officers  therein  described  none  of  them  chose  to  leave  the 
Province  except  Mr  Savage  and  Mr  Simpson  The  Council  therefore 
did  not  think  it  adviseable  that  they  should  be  permitted  to  go  and  at 
the  Time  of  the  late  Invasion  judged  it  expedient  to  confine  all  those 
Persons — They  are  now  restrained  to  their  respective  Houses — I  de- 
sire your  advice  in  what  manner  they  should  be  disposed  of  in  future 

I  think  it  proper  to  acquaint  you  that  mess".  James  Brisbane  John 
Champneys  Henry  Mickie  John  Tunno  and  James  Carsan  being 
deemed  Persons  whose  going  at  large  might  endanger  the  safety  of 
-  the  Colony  or  the  Liberties  of  America  were  by  advice  of  the  Council 
ordered  to  be  and  now  are  confined  some  in  George  Town  and  others 
in  the  Cheraws  Jail 

John  Rutledge 
1 5th  October.  1776 

Ordered  That  the  Message  be  taken  into  Consideration  To-morrow 

A  Bill  of  free  and  general  Pardon  and  Amnesty  was  read  a 
Second  Time 

And  the  Question  being  put  whether  the  Bill  should  be  sent  to 
the  Legislative  Council 

It  passed  in  the  negative 

Resolved  That  the  Bill  be  rejected 


122 

Resolved  That  this  House  will  make  Provision  to  defray  the  Ex- 
pence  of  a  way  to  a  tempory  Landing  Place  at  Low- Water  upon 
Mr.  William  Gibbes's  wharf 

Message  to  the  Legislative  Council 
Honourable  Gentlemen 

On  the  nth  Instant  we  sent  you  for  your  Concurrence  therein  a 
Resolution  "That  the  Commissioners  of  the  Treasury  as  a  further 
Encouragement  to  the  Commander  and  marines  belonging  to  the 
Vessel  called  the  Revenge  do  pay  and  advance  to  the  said  Com- 
mander and  men  out  of  the  amount  of  the  sales  of  the  Cargo  taken 
from  on  board  the  transport  Brigantine  called  the  Glasgow  Packet 
One  Sixth  of  the  neat  amount  of  sales  of  the  said  Cargo"  And  we 
now  desire  to  know  if  your  Honours  have  concurred  accordingly  and 
if  you  have,  that  you  will  please  to  order  the  same  to  be  sent  to  His 
Excellency  for  his  assent 

Ordered  That  the  message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same. 

Ordered  That  the  Honourable  Mr  Edwards  and  Mr  DeSaussure 
do  carry  the  message  to  the  Legislative  Council 

Mr.  Harrington  reported  from1  the  Committee  to  revise  the  List 
of  magistrates  and  to  report  the  names  of  Persons  proper  to  be 
added  thereto  and  he  read  the  Report  in  his  Place  and  afterwards 
delivered  it  in  at  the  Clerk's  Table  where  the  same  was  read  and  is 
as  followeth 

That  they  recommend  the  following  names  to  be  added  to  the  List 
of  magistrates 

For  Charles-Town  District 
Paul  Townsend  Thomas  Farr 

John  Colcock  William  Nisbett 

Richard  Mercer  Charles  Gaillard 

William  Holmes  Joseph  Atkinson,  and 

John  Ward  of  St  Bartholomew's  Parish 
For  George-Town  District 
Benjamin  Young 

For  Cheraw's  District 

Philip  Pledger  Robert  Lide 

Samuel  Wise  Benjamin  Jackson 

William  Thomas  Alexander  Mclntosh 

Thomas  Powe  Ely  Kershaw 

Abel  Kolb  Daniel  Dubose 


123 

For  Camden  District 

Robert  Goodwin  Isham  Moore 

Joseph  Kirkland  John  Wylly 

Abijah  Rambert  John  Cook 

John  Howe  John  Gabriel  Guignard 
Alexander  Love 

For  Beaufort  District 
Richard  Wayne 

For  Ninety-Six  District 

Nicholas  Eveleigh  James  Moore 

Nathaniel  Spragins  William  Norris 

Russel  Wilson  Thomas  Leach 

Benjamin  Bell  Francis  Cinquefield 

Richard  King  Thomas  Green 

Samuel  Ficklin  William  Moore 

William  Houseal  Michael  Dickert 

For  Orangeburg  District 

William  Robinson  .      Briton  Williams 

George  Pellis  Isaac  Bush 

George  King  Jarrad  Nielson 

Charles  Heatley  John  Caldwell 
Jacob  Christopher  Zahn 

Resolved  That  the  Report  be  taken  into  consideration  imme- 
diately 

And  the  Report  being  taken  into  Consideration  accordingly 

Resolved  That  this  House  do  agree  with  the  Report  of  the  Com- 
mittee 

Ordered  That  Commissioners  of  the  Treasury  do  pay  to  Elizabeth 
Black  or  her  order  the  sum  of  Four  Hundred  Pounds  Currency  for 
the  Purpose  mentioned  in  the  Report  of  the  committee  to  whom  the 
Petition  of  the  said  Elizabeth  Black  was  referred 

Resolved  That  if  any  slaves  employed  in  the  Public  service  shall 
be  killed  maimed  or  disabled  in  such  service  this  House  will  make 
Provision  to  endemnify  the  owner  of  such  Slave 

Resolved  also  That  all  such  Slaves  as  shall  be  taken  sick  whilst 
employed  in  the  Public  Service  shall  be  forthwith  returned  to  their 
Owners  if  they  require  it  or  conveyed  to  a  proper  Hospital  and 
there  supplyed  with  necessary  sustenance  medicines  and  attendance 
until  they  shall  be  able  to  return  to  work  or  be  sent  to  their  respective 
Owners 


124 

Message  from  the  President  by  the  Clerk  of  the  Legislative 
Council 

Mr  Speaker  and  Gentlemen 

Having  applied  to  Brigadier-General  Howe  for  such  Returns  of 
the  Continental  Battalions  lately  in  the  Pay  and  service  of  this  State 
as  you  -desire  by  your  message  of  the  4th  Instant  He  has  furnished 
me  with  those  of  the  ist  2d  4th  and  5th  which  I  herewith  lay  before 
you  He  has  received  no  Returns  of  the  3d  and  6th  but  says  the  former 
is  on  Command — the  latter  is  with  Colonel  Williamson  on  the  Expe- 
dition against  the  Cherokee  Indians 

Captain  Trapier's  Artillery  Company  consists  of  forty  two 
matrosses — I  have  no  late  Return  of  Captain  Harden's  at  Beaufort 
but  think  he  has  about  Eighty 

John  Rutledge 

1 5th  October.  1776 

Captain  Roger  Smith  reported  from  the  Commissioners  to  whom 
was  re-committed  the  Report  on  the  State  of  the  late  Treasury  and 
Settlement  with  the  then  Treasurers  and  Powder-Receiver  And  he 
read  the  Report  in  his  Place  and  afterwards  delivered  it  in  at  the 
Clerk's  Table  where  the  same  was  read  and  is  as  followeth 

That  by  the  Books  of  the  late  Joint  Public  Treasurers  they  find 
the  following  Balances  in  Favour  of  the  Public  to  the  3Oth  Day  of 
April  1776 
ist  On  Account  of  the  General 


o 

Duty  Fund. 

2d.  Fund  for  a  Pest  House.  . .  33,383.  .  17.  ... 

3d.  Fund  for  building  an  Ex- 
change   45,892..  16.  .  6 

4th Repairs   of    Fort  I 

Johnson 1324.  .  12.  .   5 

5th Fortification 

Fund 26,718.  .18..   3 

6th Tax    on    negroes 

imported 115,626.  .   4.  .   4 

7th Transient    Duty .  4132 .  .   2 .  .  1 1 

8th New  additional 

3937--i7-.il 


Duty  on  Flour  &c 

234,986.  .  18.  i 


oth Balance   of   Tax   ^ 

j.       19.510..  6. 


collected  in  1768  a  surplus 


loth Received  of  John  "^ 

Ernest    Poyas    arrears    of    V  224.     2.     2 

Taxes J 

-19,734..  8.  .4 
nth Profit  on  the  in-    "j  • 

creased  value  of  Gold  and    v         i?49-  •  o.  .   3. 

Silver j 

1 2th  ....  Received   of   the 

Powder  Receiver 11,658.  .14.     4 

1 3th Received     Rents    \ 

of  the  Cellars  under  the    v         2042..  18.  .  8 

Exchange. ) 

I4th Fines    and    For- 
feitures   iio8..i7-.    i 

1 5th Received   of   the 

Commissary  General .54 .  .  1 5 .  .  6 

1 6th   Received  of  Wil-    ] 

Ham  Harvey  Esquire   Re- 

,    *  }         1901. .12. .  8 

ceiver  of  Country  Duties 

at  Beaufort 

18515.. 18. 6 

1 7th   Balance    of    Or-    ] 

ders   issued   in    17515    for 

T^    r  r  TT-      ™    •      <.    >        \  192..  10.. — 

Defence  of  His  Majesty  s 

Rights 

Ditto  issued  in  1757  "^ 

forHowarths    I          3892. .10.. — 

Regiment    ) 

Ditto — 1757    for 

Fortifications....  370. .      ..'    . 

Ditto —  1760    for  ") 

Lyttletons    Expo-    V  218..  15..— 

tion J 

Ditto  issued  in  1760  for  Mid- 

dleton's  Regiment £2290.  . 

Ditto 1762    for   Cher- 
okee Trade 565 

Ditto 1767  &  1768  for 

the  Exchange  &c 27,322.  .  10.  . 

Ditto 1770   for   Court 

House  and  Jails 34,728.  .  15.  . 


126 

New    lawful    Bills    issued    in 

1770 14,547..  1 1..   3 

Of  Tax  Certificates  from  the  ^ 

year  1758  to  1769  both  in-    V      75>94O.  . 

•elusive J 

160,067 .  .  1 1 .  .  3 


£433,304.  .16.. 2 

The  following  Balances  in  Favour  of  the  Joint  Public  Treasurers 
to  the  30th  April  1776 
ist  On  Account  of  the  Fund  for  ^ 

building  the  Court  Houses    v       37146.  .14.    n 

and  Jails J 

2d advanced    to    pay    the 

Watch  Company 19264.  .  19.  .    I     56411 . .  14.. — 


3d  ....  Deficiency  of  the  Gen-  ^ 

1  r~  ,-  \         5118.  .   7.  .10 

eral  Tax  collected  in  1769  J 

4th  ....  Ditto  of  General  Tax  "1 

collected  in  1771 J 

—       7447- -13- -2 
5th  ....  Bounty  on  Silk  man- 
ufactory    3000. . 

6th Commissioners  of  the 

Markets 553°  •  •  2.  .  7 

7th  ....  Bounty    on    Flax, 

Linen  &  Thread 201 .  .   7 .  . 

8th Balance  due  from  the  \ 

Estate    of    Jacob    Motte  V      59,474..  19..   5 

Esquire   J 

9th  ....  Advanced  the  Vestry  \ 

and  Church  Wardens  of  V          1500 

.    St  Michael's  Parish J 

loth Advanced  the  Vestry  ^j 

and  Church  Wardens   of  >         4000 

St  Philips  Parish J 

nth  ....  Bounty  on  Hemp..  .  46099.  .  9.  .   6 


127 

1 2th  ....  Amount    of    monies     "j 

advanced     from     the     ist 

January  1769  to  this  Day 

per  accounts 

1 3th  ....  Paid  by  order  of  the    ^j 

Commissioners  for  issuing     v         2298.  .15.  .10 

the  lawful  Bills  in  1770.  .     J 
1 4th  ....  Paid  the  Judges  and 

attorney  General 66954  ..15..   3 

— 248,811  •  •   o.  .4 
I5th Allowed      for      ex-    "I 

'changing^  £40,000  of  new 

lawful  Bills  issued  in  1752    j 

&  1761  for  the  old J 

1 6th   . .   Burnt   of  the   lawful 

Bills  in  1748 .  .  .7604.  .10.  . — 

7854..  io— 
1 7th  ....  Five     orders     burnt 

and  destroyed  which  were 

issued  in  1742  for  the  as-    ' 

sistance  of  Georgia 


320,549..  1 7. 6 
Balance  in  favour  of  the  Public 112754.. 18. 8 


£433,304..  16. 2 

By  which  there  appears  a  Balance  in  Favour  of  the  Public  of  One 
Hundred  and  Twelve  Thousand  Seven  Hundred  and  Fifty-four 
Pounds  Eighteen  Shillings  and  Eight  Pence  Currency  (exclusive 
of  Thirty  Thousand  Eight  Hundred  and  Eighty-two  Pounds  Twelve 
Shillings  and  Pour  Pence  Currency  paid  the  Judges  and  attorney- 
General  which  has  been  disallowed  by  the  House)  which  Balance 
your  Commissioners  have  received  in  the  following  manner 

533     Old  lawful  Bills  of  £20.  .  .  .      10660.  . 

10 17507..  io..— 

5.,..       7231  ••   5--- 

2110% 2....          4220. .10. .— 

6igil/2 2O/  ..       6191..  io.. — 

4062^4 io/  ..       2031..  7..  6 

5529     7/6-.       2073..  7..  6 


128 

1204     ...........     6/3-.         376..   5--- 

258554  ...........     5/  ••         646..  6..  3 

2039     ...........     2/6..         254.  .17..  6 

-   51,  192.  .18.  .9 


new  lawful  Bills  of  £20.  ...  615.  . 

...........   io....  502.  .10.  .— 

i7#  ...........     5-...  88.  .15..- 

307/8  ...........       2  ----  6I..I5..- 

61     ...........  2o/  .  .  61  .  . 

77     ........  :  •  •     6/3..  24..   i..  3     1353 


£52,546..     ..- 

Which  sum  of  Fifty-two  Thousand  Five  Hundred  and  Forty  Six 
Pounds  has  been  since  when  this  State  was  attacked  by  the  British 
Forces  burnt  by  order  of  His  Excellency  the  President  the  same 
being  so  torn  and  obliterated  as  to  be  wholly  unpassable  and  it 
being  also  difficult  to  remove  it  then  out  of  Town  with  the  other 
Public  money 

3  new  lawful  Bills  of  £20 60..     .. — 

4     io 40..     .. — 

2       2 4..       .. — 

—  104. .  . . — 

107^4  Tax  Certificates  of  50 5387 .  .  .  . — 

5  Ditto  Lyttletons  Expedition  of  £50.  .   250..     .. 
12^4  Ditto.   .    .    .Ditto 25..   306..  5..— 

556..   5--— 

io     Middletons  Regiment 20 200.  .      .  . — 

3  Ditto  Howarth's  Regiment....   20..     60..     .. — 

4^4  Ditto.  . .  .Ditto io.  .     47.. io.. —  107.  .10.  . — 

209%   Ditto Exchange 20.  .4185..     .. — 

189^4  Ditto.  . .  .Court  Houses io.  .  1893. .15.. — 

7      Ditto — Indian  Trade £10.  .     70..     .. 

Certificates  issued  by  the  General  Assembly  Con-  ^ 

V     18864.. 12.. — 


gress  Bills  and  Bank  Notes, 


12  Bonds  payable  to  the  King.  ..  11693.  .  12.  .  io     £83,914.  .  12.  . — 


I2Q 

?8  Notes  payable  to  Henry  Peronneau    f 

'£       .                 > 17146.. 13. 10    22840..6..8 
and  Benjamin  Dart  Esquires.  ...     (  

£112,754.  .18.8 

All  which  your  Commissioners  have  paid  into  the  Hands  of  the 
Commissioners  of  the  Treasury  and  taken  their  Receipt  for  the 
same 

Your  Commissioners  have  also  examined  the  accounts  of  the 
Powder-Receiver  and  find  that  the  Powder  which  ought  to  have 
been  in  the  magazine  on  the  8th  Day  of  January  1776  amounts  to 
Thirteen  Thousand  Five  Hundred  and  Thirty-seven  Pounds  weight 
after  deducting  One  Thousand  One  Hundred  Pounds  weight  said 
to  be  taken  out  of  the  magazine  at  Hobcaw  by  Persons  unknown 
charging  the  said  Powder  at  Ten  shillings  per  Pound  weight 

amounts  to £6768 .  .10.  .  — 

Deduct   One   Quarters   Salary  to  the 
Deputy     Powder     Receiver     and 


watch  men  which  became  due  pre- 
vious to  an  order  of  the  House  to 
discontinue  the  same.  . 


190.. 


Paid  Carpenter  mending  the  Door  of  the  ) 

.  [  10. .7. .6 

magazine ^ 

Blacksmith  mending  the  Lock I .  .  10.  . —  201 .  .  17.  .   6 


£6566..  12..  6 

Balance  due  to  the   Public  by  the   Powder-Receiver  being  Six 
Thousand   Five   Hundred  and   Sixty-six   Pounds  Twelve   Shillings 
and  six  Pence  Currency  —  which  Sum  and  Balance  your  Commission- 
ers have  paid,  into  the  Public  Treasury  in  the  following  manner  viz 
By  Thomas  Savage  and  Edward  Blakes  Bond 

dated  October  loth  1776  on  Interest  for.  .'.  . 
By  Samuel  Prioleau  junior  and  Samuel  Prio- 


22OO 

lean's  Bond  of  same  Date  for  .............. 

By  Samuel  Prioleau  and  Samuel  Prioleau  junioi 

v      I2OO  — 

Bond  of  same  date  for 


9 — H.  c. 


1 3o 

By  John  Gaborial  and  Timothy  Crosbys  Bond 

of  same  Date  for 

By  Cash  paid £  276.  .12.  .  6 


£6566.. 12.     6 

For  which  amount  your  Committee  have  the  Commissioners  of  "the 
Treasury's  Receipt  herewith  to  produce 

And  then  the  House  adjourned  till  To-morrow  morning  Ten  of 
the  Clock 

% 

Wednesday  the  i6th  Day  of  October.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  yesterday's  Proceedings 

Resolved  That  it  is  the  Opinion  of  this  House  That  the  Commis- 
sioners of  the  navy  do  forthwith  furnish  and  supply  Colonel  Gads- 
den  with  all  the  assistance  of  vessels  and  Hands  in  their  power  to 
Procure  to  carry  on  the  Public  Work  he  is  now  about  And  that  a 
copy  of  this  Resolution  be  served  on  the  said  Commissioners 

Mr  Neufville  reported  from  the  Committee  to  consider  and  report 
to  the  House  proper  ways  and  means  of  supplying  the  Treasury  in 
the  Recess  of  the  House  with  such  monies  as  may  be  immediately 
wanted  for  the  Public  service  and  how  the  monies  issued  that  have 
been  counterfeited  may  best  be  called  in  and  the  counterfeiting  of  the 
same  prevented  And  he  read  the  Report  in  his  Place  and  afterwards 
delivered  it  in  at  the  Clerk's  Table  where  the  same  was  read  and  is 
as  followeth 

That  One  Hundred  and  Thirty  Thousand  Pounds  be  emitted  in 
Bills  of  One  to  Ten  Dollars  which  with  the  Emissions  of  Congress 
will  make  an  even  sum  of  Two  millions  And  to  authorize  and  im- 
power  the  Commissioners  of  the  Treasury  when  they  shall  be  so 
ordered  to  do  by  the  President  with  the  advice  of  the  Privy  Council 
to  obtain  on  Loan  from  any  Persons  disposed  to  lend  the  same  such 
sums  as  the  Exigencies  of  the  State  may  require  and  to  pay  Interest 
at  the  Rate  of  six  per  centum  per  annum 

That  it  be  recommended  to  all  magistrates  to  be  vigilant  and 
attentive  in  apprehending  and  conveying  to  Jail  every  Person  who 
shall  counterfeit  or  utter  knowing  them  to  be  counterfeit  the  Certifi- 
cates issued  by  the  late  Houses  of  Assembly  or  the  Continental  or 
Colonial  Currency  which  hath  been  already  or  shall  be  hereafter 


issued  And  that  the  Law  be  duly  executed  for  punishing  of  this 
Offence 

Resolved  That  the  Report  be  taken  into  Consideration  imme- 
diately 

And  the  Report  bding  taken  into  Consideration  accordingly  was 
amended  and  agreed  to  in  the  following  words 

That  it  is  their  Opinion  and  they  therefore  recommend  That  One 
Hundred  and  Thirty  Thousand  Pounds  be  emitted  in  Bills  of  One 
to  Ten  Dollars  which  with  the  Emissions  of  Congress  will  make  an 
even  Sum  of  Two  millions  And  that  the  Commissioners  of  the 
Treasury  be  authorized  and  impowered  when  they  shall  be  so  or- 
dered to  do  by  the  President  with  the  advice  of  the  Privy  Council  to 
obtain  on  Loan  from  any  Persons  or  Bodies  corporate  disposed  to 
lend  the  same  such  sums  as  the  Exigencies  of  the  State  may  require 
not  exceeding  the  sum  of  Five  Hundred  Thousand  Pounds  Cur- 
rency and  to  pay  Interest  for  the  same  at  the  Rate  of  Six  per  Centum 
per  Annum 

That  a  Message  be  sent  to  the  President  to  desire  that  he  will 
issue  his  Proclamation  ordering  and  requiring  all  magistrates  to  be 
vigilant  and  attentive  in  causing  to  be  apprehended  and  sent  to  Jail 
for  due  Trial  every  Person  who  shall  be  accused  of  counterfeiting  or 
uttering  knowing  them  to  be  counterfeit  the  Certificates  issued  by 
the  la{e  Houses  of  assembly  or  the  Continental  or  Colonial  Currency 
which  hath  been  already  or  shall  be  hereafter  issued 

The  Honourable  Mr  Edwards  reported  That  Mr  DeSaussure  and 
himself  had  attended  the  Legislative  Council  with  the  message  they 
had  in  charge 

Message  from  the  Legislative  Council  by  their  Clerk 

Mr  Speaker  and  Gentlemen 

In  answer  to  your  message  of  yesterdays  Date  desiring  to  be 
informed  if  this  House  had  agreed  to  the  Resolution  of  your  House 
of  the  nth  Instant  "That  the  Commissioners  of  the  Treasury  as  a 
further  Encouragement  to  the  Commander  and  the  marines  belong- 
ing to  the  Vessel  called  the  Revenge  do  pay  and  advance  to  the  said 
Commander  and  men  out  of  the  amount  of  the  sales  of  the  Cargo 
taken  on  board  the  Transport  Brigantine  called  the  Glasgow  Packett 
One  sixth  of  the  nett  amount  of  sales  of  said  Cargo"  we  acquaint 
you  that  this  House  upon  considering  the  said  Resolution  thought 
proper  to  reject  the  same 


132 

In  the  Legislative  Council 

the  1 6th  Day  of  October  1776 
By  Order  of  the  House 
Thomas  Shubrick  Speaker 

The  House  proceeded  upon  the  Order  of  the  Day  to  take  into  Con- 
sideration the  Report  of  the  Committee  to  whom  it  was  referred  to 
revise  the  Constitution  and  report  what  alterations  or  amendments 
may  be  necessary  to  make  thereto 

And  the  First  Paragraph  of  the  Report  being  read  was  agreed  to 
by  the  House 

The  Second  Paragraph  of  the  Report  being  read  was  disagreed 
to  and  ordered  to  be  struck  out 

Upon  reading  the  Third  Paragraph  a  Debate  arose 

And  a  motion  being  made  That  the  number  of  members  of  the 
Legislative  Council  be  increased  to  Twenty-one 

The  Question  was  put 

And  it  passed  in  the  negative 

Another  motion  was  made  That  the  number  of  members  of  the 
Legislative  Council  be  increased  to  seventeen 

And  the  Question  being  put 

It  also  passed  in  the  negative 

A  Motion  was  then  made  That  the  Paragraph  be  altered  by  strik- 
ing out  the  word  "4th"  and  inserting  in  its  stead  the  word  "<?<i"  and 
also  by  striking  out  the  words  "so  that  no  vacancies  hereafter  hap- 
pening in  the  General  Assembly  by  the  Election  of  any  member  into 
the  Legislative  Council  be  filled  up  by  a  new  Election"  and  inserting 
instead  thereof  the  words  ''and  that  each  Parish  and  District  through- 
out the  State  shall  elect  One  member  of  the  Legislative  Council" 

And  the  Question  being  put 

Resolved  in  the  Affirmative 

An  Adjournment  of  the  House  being  then  moved  for  and  seconded 

The  Question  was  put 

And  it  was  Resolved  in  the  affirmative 

Ordered  That  the  further  Consideration  of  the  Report  on  the 
Constitution  be  resumed  To-morrow 

And  then  the  House  adjourned  till  To-morrow  morning  nine  of 
the  Clock 


133 

Thursday  the  I7th  Day  of  October  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  yesterday's  Proceedings 

The  House  proceeded  to  a  Third  Reading  of  a  Bill  for  maintain- 
ing and  keeping  Three  Watch  Companies  in  Charles-Town 

It  appearing  that  the  Legislative  Council  had  made  several  Altera- 
tions and  inserted  several  Amendments  in  this  Bill  and  it  being  a 
money  Bill 

Ordered  That  the  Clerk  of  this  House  do  rase  all  such  altera- 
tions and  amendments  as  appear  to  have  been  made  by  the  Legisla- 
tive Council  and  restore  the  Bill  to  the  same  State  in  which  it  was 
sent  from  this  House 

Which  being  done  accordingly 

The  Honourable  Mr.  Heyward  moved  the  House  for  L  eave  to 
bring  in  some  additional  Clauses  to  the  Bill  And  the  same  being 
received  were  severally  read  Three  Times  agreed  to  by  the  House 
and  ordered  to  be  made  Parts  of  the  Bill 

And  the  Bill  being  read  a  Third  Time 

Resolved  That  the  Bill  do  pass  and  that  the  Title  be  "an  Act" 

Ordered  That  Mr.  Joshua  Toomer  and  Mr  Legare  do  carry  the 
Bill  to  the  Legislative  Council  for  their  Concurrence 

Mr  Toomer  reported  that  Mr  Legare  and  himself  had  delivered 
the  Bill  they  had  in  charge  to  the  Legislative  Council 

The  House  then  resumed  according  to  the  Order  of  the  Day  the 
Consideration  of  the  Report  of  the  Committee  to  whom  it  was 
referred  to  revise  the  Constitution  and  report  what  Alterations  or 
amendments  may  be  necessary  to  make  thereto 

And  the  Fourth  Paragraph  of  the  said  Report  being  read  was 
unanimously  agreed  to  by  the  House 

The  Fifth  Paragraph  being  read  was  also  agreed  to 

Upon  reading  the  Sixth  Paragraph 

A  Debate  arose 

And  a  motion  being  made  and  the  Question  put  that  the  said 
Paragraph  be  amended  by  inserting  the  word  "taxable"  between 
"and"  and  "Property" 

Resolved  in  the  Affirmative 

The  said  Paragraph  being  read  throughout  as  amended 

A  Motion  was  made  and  the  Question  put  That  the  House  do 
agree  to  the  Paragraph  as  it  now  stands 

Whereupon  the  House  divided 

And  the  nays  went  forth 


134 

Teller  for  the  noes  Colonel  Gadsden — 30 

Teller  for  the  years  Honourable  Mr  Bee — 30 

So  Mr  Speaker  decided  by  voting  with  the  yeas 

The  Seventh  Paragraph  being  read  was  unanimously  agreed  to 

The  Eighth  Paragraph  being  read  was  also  agreed  to  by  the 
House 

Upon  reading  the  First  Clause  of  the  ninth  Paragraph  for  appoint- 
ing a  chancellor 

A  Debate  arose 

And  the  Question  being  put  to  agree  with  that  Clause 

Resolved  in  the  affirmative 

The  Second  and  Third  Clauses  of  the  said  Paragraph  being  read 
were  severally  agreed  to 

The  Tenth  Eleventh  and  Twelfth  Paragraphs  were  then  read  and 
severally  unanimously  agreed  to  by  the  House 

Upon  reading  the  Thirteenth  and  last  Paragraph 

A  Debate  ensued 

After  sometime  spent  therein 

The  Question  being  put  on  a  motion  to  agree  with  that  Part  of 
the  Report 

It  passed  in  the  negative 

Ordered  That  the  Preamble  to  the  Report  be  taken  into  Consider- 
ation To-morrow  morning 

Message    from   the   President   by   the    Clerk  of  the   Legislative 
Council 

Mr  Speaker  and  Gentlemen 

I  send  you  a  Letter  which  I  received  from  Colonel  Moultrie 
with  a  List  of  men  in  the  Second  Regiment  who  have  been  disabled 
in  the  service  of  this  State  and  doubt  not  that  you  will  make  suit- 
able Provision  for  them 

John  Rutledge 
1 7th  October.  1776 

Message    from   the    President  by  the   Clerk   of   the   Legislative 
Council 

Mr  Speaker  and  Gentlemen 

In  the  month  of  April  I  was  informed  by  Lieutenant  Colonel 
Sumpter  that  imaging  Mr.  Richbourg  a  Lieutenant  in  Captain  Rich- 
ardson's Company  had  been  promoted  to  the  command  of  it  when 
he  resigned  his  Commission  (as  Mr  Richardson  assured  them  he 
would  be)  he  sent  Richbourg  on  the  recruiting  service  who  soon 
raised  a  considerable  number  of  men  with  which  he  was  about  to 


135 

join  the  Regiment  when  he  was  told  (which  Colonel  Sumpter  did 
not  know  till  a  short  Time  before)  that  Mr  Blessingham  had  been 
appointed  captain  instead  of  Richardson 

Having  laid  this  matter  before  the  Council  they  were  of  opinion 
that  the  number  of  companies  in  the  Regiment  being  fixed  by  Con- 
gress could  not  be  increased  but  by  the  Legislative  Authority — It 
was  evident  however  that  discharging  these  men  would  have  been 
injurious  to  the  country — They  were  therefore  formed  into  an  Inde- 
pendent Company  as  the  only  Expedient  for  keeping  them  together 
but  have  hitherto  done  Duty  with  the  sixth  Regiment 

It  would  save  considerable  Expence  to  the  Public  and  appears  to 
me  expedient  to  add  this  Company  to  that  Regiment  and  the  Two 
independent  Companies  of  Artillery  at  Beaufort  and  George-Town 
to  the  Forth  Regiment  I  therefore  recommend  this  Subject  to  your 
Consideration 

John  Rutledge 
1 7th  October.  1776 

The  Clerk  of  the  Legislative  Council  brought  from  that  House  a 
Bill  for  maintaining  and  keeping  Three  Watch  Companies  in 
Charles-Town  read  a  Third  Time  in  that  House 

Ordered  That  the  Bill  be  ingrossed 

And  then  the  House  adjourned  till-To-morrow  morning  nine  of 
the  Cock 

Friday  the  i8th  Day  of  October.  1776 

The  House  met  according  to  adjournment 

Read  the  Journal  of  yesterday's  Proceedings 

Ordered  That  Captain  Trapier  and  Mr.  Keating  Simons  do  with 
some  member  of  the  Legislative  Council  examine  and  compare  with 
the  originals  an  ingrossed  ordinance  for  allowing  and  keeping  in 
Repair  a  Pilot  Boat  to  attend  the  Bar  and  Harbour  of  Beaufort  and 
for  settling  and  regulating  the  Pilotage  of  the  said  Harbour  And 
an  ingrossed  act  for  establishing  and  keeping  Three  Watch  Com- 
panies in  Charles-Town 

Captain  Trapier  reported  That  the  Ordinance  and  Act  they  had  in 
Charge  had  been  examined  and  compared  according  to  order  and 
were  found  truly  ingrossed 

Ordered  That  Captain  Trapier  and  Mr.  Simons  do  wait  on  the 
President  to  desire  that  the  seal  may  be  affixed  to  the  said  Ordin- 
ance and  Act  and  to  know  when  His  Excellency  will  please  to 
receive  this  House  to  present  the  same  for  his  assent 


i36 

The  House  then  proceeded  on  the  order  of  the  Day  to  consider 
the  Preamble  to  the  Report  of  the  Committee  that  were  appointed  to 
revise  the  constitution  and  report  such  alterations  or  amendments 
as  might  be  necessary  to  make  thereto 

And  the  said  Preamble  being  read  was  agreed  to  by  the  House 

And  the  Report  as  amended  by  the  House  and  agreed  to  is  as 
followeth 

That  inasmuch  as  the  Constitution  or  Form  of  Government  agreed 
to  and  resolved  upon  on  the  26th  Day  of  March  last  was  calculated 
for  and  suited  to  then  Situation  of  Public  affairs  and  looking  for- 
ward to  an  Accommodation  of  Differences  with  Great-Britain  (an 
event  then  desired)  was  Temporary  only  And  whereas  the  Ameri- 
can States  are  now  constituted  Independent  States  and  the  political 
connexion  heretofore  subsisting  between  them  and  Great-Britain 
dissolved  and  it  therefore  becomes  necessary  in  order  to  render 
more  perfect  and  to  perpetuate  the  said  Constitution  and  Form  of 
Government  that  some  Amendments  should  be  made  thereto  your 
Committee  therefore  humbly  recommend  the  following 

I  That  instead  of  Province  or  Colony  the  Stile  hereafter  be  the 
State  of  South-Carolina 

II  That  the  Second  Article  of  the  Constitution  be  altered  And 
that  each  Parish  and  District  throughout  this  State  shall  elect  One 
member  of  the  Legislative  Council 

III  That  the  number  of  the.  Privy  Council  mentioned  in  the  Fifth 
Article  of  the  Constitution  be  increased  to  nine  members  including 
the  Vice  President  Four  to  be  chosen  by  each  House  either  out  of 
the  Houses  respectively  or  from  the  People  at  large   The  Quorum 
to  consist  of  Five 

IV  That  the  Tenth  Article  of  the  Constitution  shall  not  be  con- 
strued to  vacate  the  seat  of  any  member  who  is  or  may  be  a  Delegate 
from,  this  State  to  the  Continental  Congress  as  such 

V  That  when  the  House  can  possess  itself  of  proper  Information 
so  as  to  estimate  the  particular  and  comparative  strength  and  tax- 
able  Property  of  the   Different   Parts  of  the   State  that  then  the 
House  do  proceed  to  a  Reduction  of  the  present  Representation  in 
the  most  equal  and  just  Proportion  Regard  being  always  had  to  the 
number  of  white  Inhabitants  and  taxable  Property  of  the  People 

VI.  That  no  future  President  or  Commander  in  Chief  that  shall 
serve  for  Two  years  shall  be  eligible  to  serve  in  the  said  Office  after 
the  Expiration  of  the  said  Term  until  the  full  End  and  Term  of 
six  years 


VII.  That  in  Case  of  the  sickness  or  absence  from  Charles-Town 
of  the  President  and  Commander  in  Chief  the  Vice-President  being 
impowered  thereto  by  the  President  shall  act  in  his  stead  during 
such  Sickness  or  absence  agreeable  to  the  Law  passed  the  6th  of 
April  last 

VIII.  That  a  Chancellor  be  appointed  to  preside  in  the  Court  of 
Chancery    And  that  the  Sixteenth  Article  of  the  Constitution  giving 
Power  to  the  Vice   President  and  Privy  Council  to  exercise  the 
Powers  of  a  Court  of  Chancery  be  annulled  That  the  House  do  also 
appoint  or  direct  that  proper  Persons  be  impowered  in  the  several 
Districts  in  this  State  to  prove  wills  grant  administrations  and  do 
such  other  matters  as  are  incident  to  a  Court  of  Ordinary  that  the 
People  of  this  State  may  avoid  the  great  Expence  and  Trouble  of 
coming  to  Charles  Town  on  every  such  Occasion  That  a  Court  of 
Appeals  be  also  established  in  this  State  and  Judges  appointed  to 
consist  of  not  less  than  Five  Persons  to  have  cognizance  in  all  mat- 
ters of  Error     That  they  be  elected  and  commissioned  in  the  same 
manner  the  other  Judges  are  directed  to  be  and  liable  to  be  removed 
as  in  the  Twentieth  Clause 

IX.  That  the  Collectors  and  Controllers  of  Country  Duties  be 
ballotted  for  and  appointed  in  the  same  manner  as  the  other  Officers 
are  directed  to  be  by  the  Twenty  Second  Article  of  the  Constitution 

X.  That  all  Resolutions  of  the  Continental  Congress  shall  be  of 
full  Force  until  altered  by  them 

XI.  That  the  Oath  enjoined  to  be  taken  by  all  Persons  appointed 
to  any  Place  of  Trust  be  amended  by  leaving  out  the  words  "until 
an  Accommodation  of  the  Differences  "between  Great-Britain  and 
America  shall  take  place" 

Ordered  That  the  said  Report  as  agreed  to  by  the  House  be  forth- 
with printed 

The  House  being  moved  fpr  Leave  to  bring  in  a  Bill  to  comprise 
all  the  Alterations  and  Amendments  recommended  in  the  said 
Report 

Ordered  That  Leave  be  given  to  bring  in  such  a  Bill  And  that  the 
same  Committee  who  made  the  Report  do  prepare  and  bring  in  the 
same 

Ordered  That  the  President's  two  messages  of  Yesterday  be 
referred  to  a  Committee 

And  they  are  referred  to  the  Honourable  Mr  Heyward  Major 
Huger  and  Major  Simons 


138 

A  Bill  to  impower  the  Court  of  Admiralty  to  have  Jurisdiction  in 
all  Cases  of  Capture  of  the  ships  and  other  Vessels  of  the  Inhab- 
itants and  Subjects  of  Great-Britain  to  establish  the  Trial  by  Jury 
jn  the  said  Court  in  Cases  of  Capture  and  for  the  other  Purposes 
therein  mentioned"  was  read  a  Third  Time 

Resolved  That  the  Bill  do  pass  and  that  the  Title  be  "an  Act" 

Ordered  That  Mr  Verree  and  Mr.  Macpherson  do  carry  the  Bill 
to  the  Legislative  Council  for  their  Concurrence 

Message  from  the  President  by  the  Clerk  of  the  Legislative 
Council 

Mr  Speaker  and  Gentlemen 

I  send  you  a  Letter  just  received  by  Express  from  Colonel 
Williamson  and  congratulate  you  most  heartily  upon  the  success  of 
our  Arms  and  those  of  North-Carolina  against  the  Cherokee  Indians 

If  Time  will  admit  your  considering  what  steps  should  be  taken 
for  the  Defence  and  Security  of  the  Back  Settlements  against  Indian 
Incursions  I  shall  be  glad  of  your  Advice  on  that  Subject — if  not  I 
will  (with  your  approbation)  give  Orders  for  such  as  shall  appear 
most  effectual  for  that  Purpose 

John  Rutledge 
1 8th  October.  1776 

Read  the  Letter  referred  to  in  the  above  message — [which  was 
immediately  after  the  Reading  thereof  returned  to  His  Excellency 
the  President  and  therefore  could  not  be  entered  in  this  Place] 

Message  from  the  President  by  the  Clerk  of  the  Legislative 
Council 

Mr  Speaker 

His  Excellency  the  President  is  now  in  the  Council-Chamber 
ready  to  receive  this  House  with  the  Bill  and  Ordinance  they  have 
to  present 

And  then  the  Messenger  withdrew 

Mr  Speaker  with  the  House  accordingly  attended  the  President 
in  the  Council  Chamber 

And  being  returned 

Mr  Speaker  reported  That  this  House  having  attended  the  Presi- 
dent in  the  Council  Chamber  he  had  presented  to  His  Excellency 

An  Ordinance  for  allowing  and  keeping  in  Repair  a  Pilot-Boat 
to  attend  the  Bar  and  Harbour  of  Beaufort  and  for  settling  and 
regulating  the  Pilotage  of  the  said  Harbour  And  also 

An  Act  for  establishing  and  keeping  Three  Watch  Companies  in 
Charles  Town 


139 

To  both  of  which  he  had  been  pleased  to  give  his  assent 

A  Petition  of  Thomas  Lamar  was  presented  to  the  House  and 
read  in  the  words  following 

That  the  Petitioner  has  undertaken  to  act  in  the  capacity  of  Post 
Rider  from  the  Upper  Parts  of  Savannah  River  near  Augusta  to 
Charles-Town  since  the  28th  of  June  last  That  he  has  been  down 
seven  Times  since  and  always  brought  Dispatches  from  the  Com- 
missioner of  Indian  Affairs  and  other  Gentlemen  to  the  President 
on  Public  Service. — 

That  the  Petitioner  has  waited  in  Charles-Town  for  His  Excel- 
lency's Answers  by  which  means  he  has  been  detained  for  some 
Days  at  a  great  Expence  and  has  never  received  any  Consideration 
for  such  Services 

That  the  Petitioner  is  willing  to  engage  for  a  moderate  Compen- 
sation to  continue  to  ride  twice  in  every  month  and  to  carry  all 
Dispatches  on  the  service  of  the  State 

The  Petitioner  prays  for  an  allowance  for  his  past  Services  or  a 
fixed  sum  by  the  year  as  to  the  Honourable  House  shall  seem 
meet  &c 

Ordered  That  the  Petition  be  referred  to  a  Committee 

And  it  is  referred  to  the  Honourable  Mr.  Edwards  Colonel  Ger- 
vais  and  Mr.  Gibbes 

A  Petition  of  Quintin  Pooler  was  presented  to  the  House  and  read. 

Ordered  That  the  Petition  do  lie  on  the  Table 

The  Honourable  Mr  Hey  ward  reported  from  the  Committee  to 
whom  were  referred  the  Presidents  Two  Messages  of  yesterday's 
Date  And  he  read  the  Report  in  his  Place  and  afterwards  delivered 
it  in  at  the  Clerk's  Table  where  the  same  was  read  and  is  as  fol- 
loweth 

That  it  is  their  Opinion  Captain  Richbourg's  Independent  Com- 
pany should  be  added  to  the  Sixth  Regiment  And  that  the  Artillery 
Company  at  George-Town  be  augmented  to  One  Hundred  men  and 
added  together  with  the  Artillery  Company  af  Beaufort  to  the 
Fourth  Regiment 

That  the  Third  and  Fourth  Regiments  be  augmented  to  Six  Hun- 
dred men  each  and  that  a  Colonel  be  appointed  to  each  of  the  said 
Regiments 

That  Serjeant  John  Young  of  Captain  McDonald's  Company  who 
lost  his  right  Leg  in  the  Engagement  on  Sullivant's  Island  the  28th 
of  June  be  allowed  ninety  Pounds  per  Annum  to  be  paid  Quarterly 


140 

That  George  Mason  of  Captain  Francis  Huger's  Company  who 
lost  his  Leg  in  the  said  Engagement  be  allowed  Eighty  Pounds  per 
annum  to  be  paid  Quarterly 

That  James  Sims  of  Captain  Harleston's  Company  who  lost  his 
right  Leg  in  the  service  of  this  State  be  allowed  Fifty  Pounds  per 
annum  to  be  paid  Quarterly 

That  Robert  Wade  of  Captain  Motte's  Company  who  was 
wounded  in  his  right  arm  by  a  shell  in  the  aforesaid  Engagement 
which  has  rendered  it  intirely  useless  be  allowed  Fifty  Pounds  per 
annum  to  be  paid  Quarterly 

That  Thomas  Smith  of  Captain  John  Blakes  Company  who  lost 
the  two  middle  Fingers  of  his  right  Hand  in  the  aforesaid  Engage- 
ment be  allowed  Twenty  Pounds  per  annum  to  be  paid  Quarterly 

And  that  there  be  immediately  advanced  to  each  of  the  said  Per- 
sons the  first  Quarterley  Payment  of  his  annuity 

Resolved  That  the  Report  be  taken  into  Consideration  imme- 
diately 

And  the  same  being  taken  into  Consideration  accordingly 

Resolved  That  this  House  do  agree  with  the  Report  of  the  Com- 
mittee 

Ordered  That  Major  Simons  Mr.  Cannon  and  Mr  Toomer  be  a 
Committee  to  receive  the  names  of  Candidates  for  the  Command  of 
the  Three  Watch  Companies  to  be  raised  for  Charles-Town  That 
they  do  sit  this  afternckm  And  that  they  give  Public  notice  thereof 

Upon  Motion 

Resolved  That  a  message  be  sent  to  His  Excellency  the  President 
to  desire  that  he  will  write  to  our  Delegates  at  the  Continental  Con- 
gress and  state  to  them  our  particular  Circumstances  and  the  great 
difficulty  we  have  in  recruiting  our  Quota  of  men  within  the  State 

That  in  order  to  comply  with  the  Recommendation  of  the  Conti- 
nental Congress  to  take  the  most  speedy  and  effectual  means  to 
recruit  our  Quota  of  men  we  had  voted  Ten  Dollars  additional 
Bounty  over  and'  above  the  Continental  Bounty  to  every  Recruit 
who  should  inlist  in  either  of  our  Regiments  on  the  Continental 
Establishment  to  serve  during  the  war  besides  Cloathing  to  the 
value  of  Twenty-five  Pounds  Currency  annually  But  that  we  had 
received  accounts  from  Captain  Adam  McDonald  one  of  our  recruit- 
ing officers  that  he  had  been  absolutely  forbid  to  recruit  in  the  States 
of  Virginia  and  North-Carolina  by  the  supreme  authority  in  those 
States  That  such  Prohibition  will  entirely  disable  us  from  completing 
our  Regiments  to  the  full  Establishment  will  be  prejudicial  to  this 


141 

State  in  particular  and  the  Continent  in  general  as  it  will  incapac- 
itate us  from  affording  that  assistance  to  our  sister  States  that  we 
desire  to  give  and  lay  us  under  the  necessity  of  requiring  of  them 
greater  assistance  should  we  be  again  attacked  than  we  should  other- 
wise have  Occasion  for  And  that  our  Delegates  do  use  such  means 
as  to  them  shall  seem  proper  to  get  the  said  Prohibition  withdrawn 

Colonel  Pinckney  moved  the  House  for  Leave  to  bring  in  an 
Ordinance  for  appointing  Commissioners  to  stamp  and  sign  One 
Hundred  and  Thirty  Thousand  Pounds  Currency  in  Dollars  and 
for  impowering  the  President  and  Commander  in  Chief  for  the  Time 
being  with  the  advice  of  the  Privy  Council  to  borrow  on  Loan  any 
sum  or  sums  not  exceeding  Five  Hundred  Thousand  Pounds  cur- 
rency at  the  Rate  of  Six  Pounds  per  Centum  per  Annum 

Ordered  That  Leave  be  given  to  bring  in  such  a  Bill 

And  then  the  House  adjourned  until  Five  of  the  Clock  in  the 
afternoon 

5  O'Clock  P.  M 

The  House  met  according  to  Adjournment 

Major  Simons  reported  from  the  Committee  to  receive  the  names 
of  Candidates  for  Captains  of  the  Three  Watch  Companies  And  he 
read  the  List  of  Candidates  in  his  Place  and  afterwards  delivered  it 
in  at  the  clerk's  Table  where  the  same  was  read 

Ordered  That  the  said  List  be  affixed  to  the  wainscot  for  the 
Perusal  of  the  members 

A  Message  being  sent  to  the  Legislative  Council  to  desire  the 
attendance  of  its  members  in  the  General  assembly  in  order  to  ballot 
jointly  with  the  members  of  this  House  for  the  Captains  of  the  Three 
Watch  Companies 

Their  Honours  attended  accordingly 

The  Members  of  both  Houses  then  proceeded  to  ballot  for  the 
said  Three  Captains 

And  the  Ballots  being  reckoned 

Mr  Speaker  reported  that  John  McCall  Junior  and  John  Brewton 
Esquires  having  the  votes  of  a  majority  of  the  Members  present 
were  duly  elected  captains  of  Two  of  the  said  Companies 

The  Members  of  both  Houses  then  proceeded  to  vote  for  a  Cap- 
tain of  the  Third  Watch  Company 

And  the  Ballots  being  cast  up 

Mr  Speaker  reported  That  John.  Lining  Esquire  was  duly  elected 
Captain  of  the  Third  Watch  Company 


142 

The  Honourable  Mr  Edwards  reported  from  the  Committee  to 
whom  the  Petition  of  Thomas  Lamar  was  referred  And  he  read  the 
Report  in  his  Place  and  afterwards  delivered  it  in  at  the  Clerk's 
Table  where  the  same  was  read  and  is  as  followeth 

That  in  the  Opinion  of  the  Committee  it  will  be  very  beneficial  to 
the  Public  Service  at  this  Juncture  to  encourage  a  Post  Rider  from 
the  upper  Parts  of  Savannah-River  as  by  that  means  Intelligence 
will  be  frequently  received  of  the  Disposition  of  the  Creek  Nation 
and  Dispatches  for  Ninety-Six  and  Colonel  Williamson  may  be 
regularly  conveyed  from  Colonel  Hammond's  where  the  Petitioner 
will  carry  them  from  Charles-Town  The  Committee  recommend  that 
upon  his  engaging  to  go  twice  in  every  month  from  this  Day  to  the 
28th  June  1777  he  shall  be  allowed  Three  Hundred  Pounds  Cur- 
rency for  his  services 

Ordered  That  the  Report  be  taken  into  Consideration  To-morrow 

Colonel  Pinckney  according  to  Order  presented  to  the  House  an 
Ordinance  for  appointing  Commissioners  to  stamp  and  sign  One 
Hundred  and  Thirty  Thousand  Pounds  Currency  in  Dollars  and 
for  impowering  the  President  and  Commander  in  Chief  for  the 
Time  being  with  the  advice  of  the  Privy  Council  to  borrow  on  Loan 
any  Sum  or  Sums  not  exceeding  Five  Hundred  Thousand  Pounds 
Currency  at  the  Rate  of  Six  Pounds  like  money  per  Centum  per 
annum  And  the  same  was  received  and  read  the  First  Time 

Ordered  That  the  Ordinance  be  read  a  Second  Time 

And  the  same  being  read  accordingly 

Ordered  That  the  Ordinance  be  sent  to  the  Legislative  Council 

Ordered  That  Captain  Roger  Smith  and  Colonel  Pinckney  do 
carry  the  Ordinance  to  the  Legislative  Council 

Major  Cattell  reported  from  the  Committee  to  whom  the  Peti- 
tion of  Philip  Will  was  referred  And  he  read  the  Report  in  his 
Place  and  afterwards  delivered  it  in  at  Clerk's  Table  where  the  same 
was  read  and  is  as  followeth 

That  the  Committee  are  of  Opinion  that  the  Barrack-Master  of 
Charles-Town  should  be  allowed  by  this  State  the  Sum  of  Six 
Hundred  Pounds  for  the  services  of  that  officer  or  appointment  from 
the  5th  Day  of  March  last  until  the  present  Time  and  also  in  future 
the  annual  sum  of  One  Thousand  Pounds  to  be  paid  him  yearly 
from  such  Time  as  this  House  shall  allow  the  same  in  Recompence 
for  the  future  Services  of  that  Office  and  all  such  Deputies  as  he 
shall  employ  in  the  same 


H3 

Resolved  That  the  Report  be  taken  into  immediate  Consideration 

And  the  same  being  taken  into  Consideration  accordingly  was 
amended  and  agreed  to  in  the  words  following 

That  the  Committee  are  of  Opinion  that  the  Barrack-Master  of 
Charles-Town  should  be  allowed  by  this  State  at  the  Rate  of  One 
Thousand  Pounds  Currency  per  Annum  from  the  5th  Day  of  March 
last  to  be  paid  him  in  equal  moieties  half  yearly 

The  Clerk  of  the  Legislative  Council  brought  from  that  House 
an  Ordinance  for  appointing*  Commissioners  to  stamp  and  sign  One 
Hundred  and  Thirty  Thousand  Pounds  Currency  in  Dollars  and  for 
impowering  the  President  and  Commander  in  Chief  for  the  Time 
being  with  the  Advice  of  the  Privy  Council  to  borrow  on  Loan  any 
sum  or  sums  not  exceeding  Five  Hundred  Thousand  Pounds  Cur- 
rency at  the  Rate  of  Six  Pounds  like  money  per  centum  per  annum — 
Read  Twice  in  that  House 

Ordered  That  the  Ordinance  be  read  a  Third  Time 

And  the  same  being  read  accordingly 

Resolved  That  the  Ordinance  do  pass 

Ordered  That  the  Ordinance  be  sent  to  the  Legislative  Council  for 
their  Concurrence  and  that  Colonel  Pinckney  and  Mr  Ralph  Izard 
do  carry  the  same 

Resolved  That  the  Commissioners  of  the  Treasury  do  advance  and 
pay  to  the  Commissioners  for  the  High-Roads  on  Charles-Town 
neck  or  any  of  them  the  arrears  due  for  repairing  the  said  Roads 
amounting  to  Three  Hundred  and  Fifty  Pounds  to  be  hereafter 
assessed  upon  the  Inhabitants  of  Charles-Town 

The  House  then  took  under  Consideration  the  President's  mes- 
sage of  the  1 5th  Instant  relative  to  the  Crown  Officers  and  certain 
Persons  confined  in  George  Town  and  Cheraws  Jails 

And  came  to  the  following  Resolution  upon  the  first  Parts  thereof 
(to  wit) 

That  such  of  the  Crown  Officers  as  choose  to  depart  the  State 
may  be  conveyed  to  Europe  or  the  West  Indies  at  the  Public  Ex- 
pence  And  that  such  others  of  them  as  decline  going  shall  be 
allowed  such  Liberty  as  the  President  and  Privy  Council  may  think 
not  inconsistent  with  the  safety  of  the  State 

Ordered  That  the  Consideration  of  the  Latter  Part  of  the  said 
Message  be  postponed  till  To-morrow 

And  then  the  House  adjourned  till  To-morrow  morning  nine  of 
the  Clock. 


144 

Saturday  the  iQth  Day  of  October  1776 

The  House  met  according  to  Adjournment 

Read  the  Journals  of  Yesterday's  Proceedings 

Message  to  the  President 

May  it  please  your  Excellency 

This  House  have  resolved  to  make  Provision  for  defraying  the 
Expence  of  repairing  the  Public  Buildings  and  desire  that  your 
Excellency  will  give  Orders  that  they  may  be  repaired  accordingly 

Ordered  That  the  Message  be  ingrosaed  and  that  Mr.  Speaker  do 
sign  the  same 

Message  to  the  President 

May  it  please  your  Excellency 

This  House  being  informed  that  Captain  Adam  McDonald  had 
been  absolutely  forbid  to  recruit  in  the  States  of  Virginia  and  Xorth 
Carolina  by  the  Supreme  Authority  in  those  States  we  request  that 
your  Excellency  will  be  pleased  to  write  to  our  Delegates  at  the 
Continental  Congress  and  state  to  them  our  particular  circumstances 
and  the  great  Difficulty  we  have  in  recruiting  our  Quota  of  men 
within  this  State  That  in  order  to  comply  with  the  Recommenda- 
tion of  the  Continental  Congress  to  take  the  most  speedy  and 
effectual  means  to  recruit  our  Quota  of  men  we  had  voted  Ten  Dol- 
lars additional  Bounty  over  and  above  the  Continental  Bounty  to 
every  Recruit  who  should  inlist  in  either  of  our  Regiments  on  the 
Continental  Establishment  to  serve  during  the  war  besides  Cloathing 
to  the  value  of  Twenty  five  Pounds  Currency  annually  But  that  we 
had  received  Accounts  from  Captain  Adam  McDonald  one  of  our 
recruiting  officers  that  he  had  been  absolutely  forbid  to  recruit  in  the 
States  of  Virginia  and  North  Carolina  by  the  supreme  Authority 
in  those  States  That  such  Prohibition  will  intirely  disable  us  from 
completing  our  Regiments  to  the  full  Establishment  will  be  preju- 
dicial to  this  State*  in  particular  and  the  Continent  in  General  as  it 
will  incapacitate  us  from  affording  that  assistance  to  our  Sister 
States  that  we  desire  to  give  and  lay  us  under  the  necessity  of 
requiring  of  them  greater  assistance  should  we  be  again  attacked 
than  we  should  otherwise  have  occasion  for  And  that  our  Delegates 
do  use  such  means  as  to  them  shall  seem  proper  to  get  the  said 
Prohibition  withdrawn 

Ordered  That  the  message  be  ingrossed  and  that  Mr  Speaker 
do  sign  the  same 


145 

Message  to  the  President 

May  it  please  your  Excellency 

This  House  being  informed  That  the  Trade  of  this  Place  is 
subject  to  many  Inconveniences  by  the  Delay  attending  Vessels 
being  obliged  to  call  at  Fort  Johnson  and  Fort  Moultrie  both  in 
going  out  and  coming  in  request  your  Excellency  will  give  Orders 
that  in  future  Vessels  coming  in  may  only  be  obliged  to  call  at  Fort 
Moultrie  and  going  out  at  Fort  Johnson  and  may  be  allowed  to  pass 
by  some  proper  signal  from  the  Fort  they  first  pass 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Ordered  That  Mr  Ladson  and  Mr  Young  do  attend  the  President 
with  the  three  foregoing  messages 

The  Clerk  of  the  Legislative  Council  brought  from  that  House 
an  Ordinance  for  appointing  Commissioners  to  stamp  and  sign  One 
Hundred  &  Thirty  Thousand  Pounds  Currency  in  Dollars  and  for 
impowering  the  President  and  Commander  in  Chief  for  the  Time 
being  with  the  Advice  of  the  Privy  Council  to  borrow  on  Loan  any 
Sum  or  Sums  not  exceeding  Five  Hundred  Thousand  Pounds  Cur- 
rency at  the  Rate  of  Six  Pounds  like  money  per  Centum  per  An- 
num— Read  a  Third  Time  in  that  House 

Ordered  That  the  Ordinance  be  ingrossed 

Ordered  That  the  Honourable  Mr  Heyward  and  Mr  Ladson  do 
with  a  Member  of  the  Legislative  Council  examine  dnd  compare  the 
Ordinance  with  the  original  Draught 

The  Honourable  Mr  Heyward  reported  that  Mr.  Ladson  and  him- 
self with  a  member  of  the  Legislative  Council  had  examined  and 
compared  the  Ordinance  and  that  they  found  the  same  truly 
ingrossed 

Ordered  that  Mr  Ladson  and  Mr  Young  do  attend  the  President 
with  the  said  ingrossed  Ordinance  in  order  to  have  the  Seal  affixed 
thereto  and  to  desire  to  know  when  His  Excellency  will  receive  this 
House  to  present  the  same  for  his  assent 

Mr  Ladson  reported  That  Mr  Young  and  himself  having  attended 
the  President  with  the  Ordinance  and  the  Three  several  messages 
they  had  in  Charge  His  Excellency  was  pleased  to  say  he  would 
acquaint  the  House  when  he  should  be  ready  to  receive  them  to 
present  the  Ordinance  and  that  he  would  issue  the  necessary  Orders 
requested  in  the  several  messages 

Resolved  That  a  Reward  of  Five  Hundred  Pounds  Currency  be 
offered  to  Informers  for  every  Person  they  shall  inform  against  for 

10— H.  c. 


146 

counterfeiting  or  uttering  knowing  them  to  be  counterfeit  the  Cer- 
tificates issued  by  the  late  Houses  of  Assembly  or  the  Continental 
or  Colonial  Currency  which  already. hath  been  or  hereafter  shall  be 
issued  to  be  paid  upon  Conviction  of  such  Offenders  And  that  this 
House  will  provide  for  the  Payment  of  such  Rewards 

Message  to  the  President 

May  it  please  your  Excellency 

This  House  request  that  your  Excellency  will  be  pleased  to 
issue  your  Proclamation  ordering  and  requiring  all  magistrates  to 
be  vigilant  and  attentive  in  causing  to  be  apprehended  and  conveyed 
to  Jail  for  due  Trial  every  Person  who  shall  be  accused  of  coun- 
terfeiting or  uttering  knowing  them  to  be  counterfeit  the  Certificates 
issued  by  the  late  Houses  of  Assembly  or  the  Continental  or  colonial 
currency  which  hath  been  already  or  shall  be  hereafter  issued  And 
promising  a  Reward  of  Five  Hundred  Pounds  to  Informers  against 
such  Offenders  for  every  Person  they  shall  inform  against  upon 
Conviction  of  the  offender  for  the  Payment  of  which  Reward  this 
House  will  provide 

Ordered  That  the  message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Message  from  the  President  by  the  Clerk  of  the  Legislative 
Council 

Mr  Speaker 

His  Excellency  the  President  is  now  in  the  Council  Chamber 
ready  to  receive  this  House  with  the  Ordinance  they  have  to  present 

And  then  the  messenger  withdrew 

Mr  Speaker  with  the  House  accordingly  attended  the  President 
in  the  Council  Chamber 

And  being  returned 

Mr  Speaker  reported  That  this  House  having  attended  the  Presi- 
dent in  the  Council  Chamber  he  had  presented  to  His  Excellency 

An  Ordinance  for  appointing  commissioners  to  stampt  and  sign 
One  Hundred  and  Thirty  Thousand  Pounds  Currency  in  Dollars 
and  for  impowering  the  President  and  commander  in  Chief  for  the 
Time  being  with  the  advice  of  the  Privy  Council  to  borrow  on  Loan 
any  sum  or  sums  not  exceeding  Five  Hundred  Thousand  Pounds 
Currency  at  the  Rate  of  six  Pounds  like  money  per  centum  per 
annum 

To  which  His  Excellency  has  been  pleased  to  give  his  Assent 

Col°  Pinckney  reported  from  the  Committee  to  whom  the  Presi- 
dent's message  of  the  8th  Instant  with  Brigadier  General  Howe's 


Letter  were  referred  And  he  read  the  Report  in  his  Place  and  after- 
wards delivered  it  in  at  the  Clerk's  Table  where  the  same  was  read 
and  is  as  followeth 

That  in  the  Opinion  of  the  Committee  the  State  is  obliged  to 
General  Howe  for  his  attention  to  its  Defence  and  that  although 
it  has  not  been  in  their  Power  to  examine  every  particular  Place 
where  it  may  be  necessary  to  erect  Fortifications  yet  they  think  it 
evident  that  some  other  works  on  Sullivant's  Island  and  Haddrel's 
Point  are  absolutely  necessary  The  Committee  likewise  think  that 
the  Casing  the  Brick  Work  at  Fort  Johnson  with  Palmetas  is  proper 
They  also  warmly  recommend  the  speedy  procuring  arming  and 
manning  some  Row-Gallies  as  a  measure  of  very  great  Importance 
In  a  Country  so  extensive  as  Ours  it  is  impossible  for  the  Committee 
to  point  out  every  Part  where  it  may  be  necessary  to  erect  works  of 
Defence  And  they  are  of  opinion  the  Public  Service  will  be  best 
promoted  by  giving  the  Executive  Power  the  sanction  and  support 
of  this  House  for  the  Execution  of  every  measure  necessary  for  the 
Security  and  Defence  of  this  State  and  that  the  House  do  come  to  a 
Resolution  for  that  Purpose 

The  Committee  likewise  recommend  the  procuring  of  some  wag- 
gons and  beg  Leave  to  mention  that  Major  Simons  has  offered  his 
services  in  getting  some  from  Philadelphia  which  he  will  deliver 
here  at  the  original  cost 

The  Committee  are  also  of  opinion  that  the  Cattle  and  stock  should 
be  removed  from  Bull's  Island  Caper's  Island  Kayawah  Island  the 
Hunting-Islands  Dawfuskee  Island  and  South  Island 

The  Committee  likewise  recommend  That  six  Battalions  of 
minute-men  of  Five  Hundred  Rank  and  File  each  should  be  raised 
for  the  Defence  of  this  State  and  that  each  Battalion  should  be 
divided  into  Ten  Companies  and  officered  by  a  Lieutenant-Colonel 
Major  Ten  Captains  Ten  Lieutenants  Ten  Ensigns  an  adjutant  and 
a  Quarter  master 

The  Committee  cannot  conclude  their  Report  without  desiring  that 
it  may  be  recommended  to  the  President  to  use  every  means  in  his 
Power  to  procure  us  a  Quantity  of  ammunition  and  a  number  of 
good  muskets  with  Bayonets  and  Iron  Ramrods  large  Cannon  some 
light  Field  Pieces  and  a  few  mortars  and  Hawitzes  with  shells 

Resolved  That  the  Report  be  taken  into  immediate  Consideration 

The  Report  was  taken  into  Consideration  accordingly 

And  the  first  Paragraph  thereof  being  read  was  agreed  to  by  the 
House 


148 

The  second  Paragraph  being  read  was  after  some  Debate  ordered 
to  be  struck  out. 

The  Third  Paragraph  being  read  and  amended 

A  Debate  ensued 

And  the  Question  being  put  that  the  House  do  agree  thereto  as 
amended 

Resolved  in  the  affirmative 

The  fourth  Paragraph  being  read  was  amended  and  agreed  to 

The  Fifth  Paragraph  being  read  was  also  agreed  to  by  the  House 

A  Motion  was  then  made  and  seconded  that  another  Paragraph 
be  added  to  the  said  Report 

Which  being  agreed  to 

The  following  was  accordingly  added  viz 

The  Committee  recommend  That  His  Excellency  be  desired  to  give 
Directions  to  the  Attorney  General  to  prosecute  all  such  Commis- 
sioners of  the  High-Roads  and  keepers  of  Public  Ferries  in  this 
State  as  neglect  their  Duty 

And  the  Paragraph  being  agreed  to 

The  Report  as  amended  and  agreed  to  by  the  House  is  as  fol- 
loweth 

That  in  the  Opinion  of  the  Committee  the  State  is  obliged  to 
General  Howe  for  his  attention  to  its  Defence  and  that  although  it 
has  not  been  in  their  Power  to  examine  every  particular  Place  where 
it  may  be  necessary  to  erect  Fortifications  yet  they  think  it  evident 
that  some  other  works  on  Sullivant's  Island  and  Haddrels  Point 
are  absolutely  necessary  The  Committee  likewise  think  that  the 
Casing  the  Brick  Work  at  Fort  Johnson  is  proper 

They  -also  warmly  recommend  the  speedy  procuring  arming  and 
manning  some  Row-Gallies  as  a  measure  of  very  great  Importance 
In  a  country  so  extensive  as  ours  it  is  impossible  for  the  Committee 
to  point  every  Part  where  it  may  be  necessary  to  erect  works  of 
Defence  And  they  are  of  Opinion  the  Public  service  will  be  best 
promoted  by  giving  the  Executive  Power  the  Sanction  and  Suport 
of  this  House  for  the  Execution  of  every  measure  necessary  for  the 
security  and  Defence  of  the  State  and  that  the  House  do  come  to  a 
Resolution  to  that  Purpose 

The  Committee  are  of  opinion  That  the  Cattle  and  stock  should 
be  removed  from  Bull's  Island  Caper's's  Island  Kayawah  Island 
the  Hunting  Islands  Dawfuskee  Island  Pinckney's  Island  Carlton 
Island  South  Island  Cole's  Island  Folly  Island  and  Murphy's 
Island 


149 

The  Committee  likewise  recommend  That  Leave  be  given  to  bring 
in  a  Bill  for  establishing  six  Battalions  of  minute  men  of  Five 
Hundred  Rank  and  File  each  to  be  raised  for  the  Defence  of  this 
State  and  that  each  Battalion  should  be  divided  into  Ten  Com- 
panies and  officered  by  a  Colonel  Lieutenant-Colonel  Major  Ten  Cap- 
tains Ten  Lieutenants  Ten  Ensigns  an  adjutant  and  a  Quarter 
master 

The  Committee  cannot  conclude  their  Report  without  desiring 
that  it  may  be  recommended  to  the  President  to  use  every  means  in 
his  Power  to  procure  us  %a  Quantity  of  Ammunition  and  a  number 
of  muskets  with  Bayonets  and  Iron  Ramrods  large  cannon  some 
light  Field  Peices  and  a  few  mortars  and  Hawitzers  with  shells 

The  Committee  recommend  That  His  Excellency  be  desired  to 
give  Directions  to  the  Attorney-General  to  prosecute  all  such  Com- 
missioners of  the  High-Roads  and  keepers  of  Public  Ferries  in  this 
State  as  neglect  their  Duty 

Ordered  That  a  message  be  prepared  to  be  sent  with  a  copy  of 
the  foregoing  Report  to  the  President  also  in  Answer  to  His 
Excellency's  message  of  the  i8th  Instant  with  Colonel  William- 
son's Letter  and  also  to  acquaint  His  Excellency  of  the  Election  of 
the  Captains  for  the  Three  Watch  Companies  in  Charles-Town 

The  following  message  was  accordingly  prepared  viz 

May  it  please  your  Excellency 

In  Answer  to  your  Excellency's  Message  of  the  i8th  Instant 
accompanied  with  a  Letter  from  Brigadier  General  Howe  to  your 
Excellency  and  also  to  your  Excellency's  message  of  the  i8th  Instant 
with  Colonel  Williamson's  Letter  we  acquaint  your  Excellency  that 
the  House  referred  the  former  message  and  Letter  to  the  considera- 
tion of  a  committee  a  copy  of  whose  Report  thereupon  as  agreed  to 
by  the  House  we  herewith  send  you  And  as  to  the  Letter  the  House 
have  not  now  Time  to  consider  what  steps  should  be  taken  for  the 
Security  and  Defence  of  the  Back  Settlers  against  Indian  Incursions 
therefore  desire  That  your  Excellency  will  with  the  advice  of  the 
Privy  Council  give  Orders  for  such  as  shall  appear  most  effectual 
for  that  Purpose  and  that  your  Excellency  may  remain  assured  of  the 
sanction  and  support  of  this  House  in  every  measure  necessary  for 
the  Security  and  Defence  of  the  State 

We  also  think  it  proper  to  acquaint  your  Excellency  that  the  Leg- 
islative Council  and  this  House  jointly  have  voted  John  McCall  John 
Brewton  and  John  Lining  Esquires  proper  Persons  to  be  commis- 
sioned as  captains  of  the  Watch  Companies  in  Charles  Town  and 


request   that  your  Excellency  will   give   Commissions  .accordingly 

Ordered  That  the  message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Resolved  Unanimously  That  the  Thanks  of  this  House  be  returned 
to  Colonel  Andrew  Williamson  and  the  officers  and  men  under  his 
Command  employed  in  the  late  Expedition  against  the  Cherokee 
Indians  for  their  spirited  Conduct  and  Service  to  the  State  upon  that 
Expedition  And  that  Mr  Speaker  do  forward  the  same 

Message  to  the  President 

May  it  please  your  Excellency 

Your  Excellency's  messages  of  the  I7th  Instant  having  been 
referred  to  a  Committee  they  made  a  Report  thereon  to  which  the 
House  agreed  a  copy  of  which  Report  we  herewith  send  your  Ex- 
cellency 

Ordered  That  the  message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Ordered  That  Colonel  Pinckney  and  Captain  Roger  Smith  do 
carry  the  said  message  and  the  two  preceeding  ones  to  the  President 

The  House  then  proceeded  according  to  the  Order  of  the  Day  to 
consider  the  latter  Part  of  the  President's  message  of  the  I5th 
Instant 

And  the  same  having  been  considered  accordingly 

Resolved  That  such  of  the  several  Persons  mentioned  in  the  Pres- 
idents message  of  the  I5th  Instant  to  be  in  the  Jails  at  George  Town 
and  the  Cheraws  and  also  such  of  those  confined  in  Charles  Town 
Jail  on  suspicion  of  being  inimical  to  this  Country  as  shall  take  the 
Oath  of  Fidelity  to  this  State  shall  be  forthwith  discharged  That 
such  of  them  as  choose  to  go  off  the  State  may  be  sent  off  at  the 
Expence  of  the  Public  And  that  such  others  of  them  as  decline  going 
shall  be  allowed  such  Liberty  as  the  President  and  Privy  Council 
may  think  not  inconsistent  with  the  safety  of  the  State 

Ordered  That  a  Copy  of  the  above  Resolve  and  also  of  the  Resolve 
of  this  House  of  yesterdays  relative  to  the  late  Crown  Officers  be 
sent  to  the  President 

Upon  Motion 

Ordered  That  a  message  be  prepared  to  be  sent  to  the  President 
desiring  that  His  Excellency  will  recall  all  the  Militia  Commissions 
given  by  the  late  Governors  and  grant  new  ones  to  the  officers  hold- 
ing such  preserving  to  them  the  Rank  according  to  the  Dates  of  such 
old  Commissions 


Message  to  the  President 

May  it  please  your  Excellency 

This  House  having  taken  into  Consideration  your  Excellency's 
message  of  the  I5th  Instant  with  Respect  to  the  crown  officers  and 
other  Persons  therein  mentioned  to  be  confined  came  to  several  Reso- 
lutions thereupon  copies  whereof  we  herewith  send  your  Excellency 

And  it  being  represented  to  us  that  several  of  the  Militia  Officers 
have  no  other  Commissions  than  those  granted  by  the  late  Governors 
under  which  it  will  be  highly  improper  for  them  to  act  We  therefore 
desire  your  Excellency  will  recall  the  old  and  grant  new  Commis- 
sions to  such  officers  preserving  to  them  their  Rank  according  to  the 
Dates  of  the  old  Commissions 

Ordered  That  the  Message  be  ingrossed  and  that  Mr  Speaker  do 
sign  the  same 

Ordered  That  Colonel  Garden  and  Mr  John  Berwick  do  carry  the 
message  to  the  President 

Colonel  Pinckney  reported  That  Captain  Smith  and  himself  had 
delivered  the  Three  messages  they  had  in  Charge  to  the  President 

The  Reverend  Mr  Tennent  reported  from  the  Committee  to  ex- 
amine into  the  State  of  the  Jail  and  the  Treatment  of  the  Prisoners 
of  war  And  he  read  the  Report  in  his  Place  and  afterwards  delivered 
it  at  the  Clerk's  Table  where  the  same  was  read  and  is  as  followeth 

That  they  had  attended  at  the  Jail  and  made  what  Inquiry  they 
could  They  found  that  the  Roof  of  the  Jail  is  so  deficient  that  the 
Inhabitants  of  it  are  thereby  much  exposed  They  also  found  that 
through  want  of  proper  Apartments  and  other  Inconviences  the  Pris- 
oners of  War  are  exposed  to  a  Treatment  which  if  continued  will  not 
be  reputable  to  this  state.  They  therefore  beg  Leave  to  recommend 
that  Leave  be  given  to  bring  in  an  Ordinance  to  establish  a  Board  of 
Commissioners  to  consist  of  Five  members  to  superintend  the  repair- 
ing and  keeping  in  Repair  the  Jail  in  Charles  Town  as  also  to  super- 
intend from  Time  to  Time  and  examine  into  the  Treatment  of  Pris- 
oners and  to  order  such  Things  with  Respect  to  the  Premises  as  may 
be  reasonable  and  reputable  to  the  Justice  and  Humanity  of  this 
State 

Resolved  That  the  Report  be  taken  into  Consideration  immediately 

And  the  same  being  considered  accordingly  and  agreed  to  by  the 
House 

Ordered  That  Leave  be  given  to  bring  in  an  Ordinance  for  the 
Purposes  recommended  in  the  Report 


152 

I 

Colonel  Garden  reported  That  Mr.  Berwick  and  himself  had  deliv- 
ered the  message  they  had  in  Charge  to  the  President 

It  appearing  to  the  House  that  the  late  Commander  and  mariners 
of  the  Armed  Vessel  called  the  Revenge  had  received  no  more  than 
Two  Sixth  Parts  of  the  nett  Amount  of  Sales  of  the  Cargo  taken  by 
them  on  board  the  Transport  Brigantine  Glasgow  Packet  and  that 
the  other  Four  Sixth  Parts  had  been  paid  into  the  Treasury  as  the 
share  of  the  State 

Resolved  That  the  Commissioners  of  the  Treasury  do  advance  and 
pay  to  Captain  Pickering  late  Commander  and  the  mariners  late 
belonging  to  the  said  armed  Vessel  One  Sixth  Part  of  the  Four 
Sixths  of  the  net  amount  of  the  said  Sales  so  paid  into  the  Treasury 
as  a  further  Encouragement  for  their  Gallant  Behaviour  in  the 
taking  the  said  Brigantine  Glasgow  Packet. 

Resolved  That  the  Sum  of  Two  Thousand  Pounds  be  allowed  and 
paid  out  of  the  Public  Treasury  to  Thomas  Farr  Esquire  Paymaster 
to  the  militia  for  his  past  services  in  that  office  and  as  acting  Com- 
missary and  for  auditing  the  militia  accounts  from  the  First  Day  of 
November  last  And  that  this  House  will  make  proper  and  adequate 
Provision  for  his  future  services 

Mr  John  Vinyard  one  of  the  Messengers  having  laid  before  the 
House  an  Account  amounting  to  Fifty-two  Pounds  Currency  which 
he  had  been  obliged  to  advance  to  special  messengers  sent  by  Order 
of  the  House  to  members  who  had  refused  to  pay  the  same 

Ordered  That  the  Commissioners  of  the  Treasury  do  pay  to  and 
reimburse  Mr.  John  Vinyard  one  of  the  Messengers  of  this  House 
the  Sum  of  Fifty-two  Pounds  Currency  by  him  advanced  for  carry- 
ing Letters  to  members  by  order  of  the  House 

Upon  Motion 

Resolved  That  this  House  will  make  such  Provision  for  the  sur- 
geons of  the  several  Continental  Regiments  raised  by  this  State  as 
to  make  their  Pay  including  the  Continental  Pay  amount  to  Three 
Pounds  currency  per  Day  And  that  a  Surgeons  mate  be  allowed  to 
the  Third  Regiment  (of  Rangers)  who  shall  have  the  same  Pay  as 
the  Surgeon's  mates  in  the  Regiments  of  Infantry  are  allowed 

Upon  Motion 

Resolved  That  a  daily  Pay  of  One  Pound  Currency  be  allowed  and 
paid  to  the  Person  acting  as  Gunner  Barrack  Master  and  Store- 
keeper in  Fort  Lyttleton  at  Beaufort  for  those  several  Services 

The  House  then  took  into  Consideration  the  Report  of  the  Com- 
mittee to  whom  the  Petition  of  Thomas  Lamar  was  read 

And  the  said  Report  was  agreed  to  by  the  House 


153 

Ordered  That  (as  there  may  be  some  matters  which  the  President 
ought  to  be  acquainted  with  and  which  may  have  been  omitted  to 
be  communicated  to  him)  the  Clerk  of  this  House  do  attend  His 
Excellency  with  the  Journals  thereof  whenever  the  same  may  be 
required 

Ordered  That  the  Clerk  of  this  House  do  supply  Brigadier-Gen- 
eral Howe  with  copies  of  such  Orders  and  Resolutions  of  this 
House  as  respect  the  Military  Department  and  as  he  shall  require 

And  then  the  House  adjourned  till  To-morrow  Evening  six  of 
the  Clock 

Sunday  Evening  Six  o'Clock 

October  2oth  1776 
Mr.  Speaker  adjourned  the  meeting  of  the  House  till  To-morrow1 


journal  ends  here.  Although  it  calls  for  a  session  of  the  House  Mon- 
day, October  21,  1776,  it  is  hardly  likely  that  the  House  did  anything  more 
than  meet  and  adjourn  sine  die,  as  the  Constitution  adopted  by  the  Provincial 
Congress  March  26,  1776,  provided  "That  this  Congress,  being  a  full  and  free 
representation  of  the  People  of  this  colony,  shall  henceforth  be  deemed  and 
called  the  General  Assembly  of  South  Carolina,  and  as  such  shall  continue 
until  the  twenty  first  day  of  October  next,  and  no  longer." 


154 

MEMBERS  OF  THE  GENERAL  ASSEMBLY. 

[This  list  of  members  of  the  General  Assembly  during  the  ses- 
sion covered  by  this  journal  does  not  form  a  part  of  the  manuscript 
journal,  but  has  been  compiled  by  the  Editor  from  the  list  of  mem- 
bers which  he  compiled  and  published  in  the  journal  of  the  session 
held  March  26,  1776- April  u,  1776;  the  changes  that  occurred 
during  that  session,  during  the  recess  following  and  during  this 
session  being  noted.] 

St.  Philip's  and  St.  Michael's  Parishes   (Charles  Town). 

Cato  Ash,1  Peter  Leger, 

Peter  Bacot,  Arthur  Midclleton, 

John  Berwick,  Alexander  Moultrie,3 

Peter  Bocquet,  John  Netifville, 

James  Brown,  Robert  William  Powell, 

Daniel  Cannon,  John  Ernest  Poyas,2 

Thomas  Corbett,  Edward  Rutledge, 

John  Edwards,  Thomas  Savage, 

Nicholas  Eveleigh,2  Josiah  Smith,  Jr.,2 

Christopher    Gadsden,  Roger   Smith, 

Alexander  Gillon,  Peter  Timothy,2 

George  Abbott  Hall,  Anthony  Toomer, 

Thomas  Heyward,  Jr.,  Paul  Townsend, 

William  Johnson  Joseph  Verree, 

Thomas  Jones,2  Joshua  Ward,2 

Michael  Kalteisen,  Edward  Weyman, 
John  Webb.2 

^Died  September  18,  1776. 

2The  Constitution  provided  that  if  a  member  of  the  General  Assembly  "shall 
accept  any  place  of  emolument,  or  any  Commission  (except  in  the  militia) 
he  shall  vacate  his  seat,  and  there  shall  thereupon  be  a  new  election,  but  he 
shall  not  be  disqualified  from  serving  upon  being  re-elected."  Henry  Laurens 
having  been  elected  Vice-President,  Charles  Pinckney  and  Henry  Middleton 
members  of  the  Legislative  Council,  Alexander  Moullrie  Attorney 
General,  Peter  Timothy  Clerk  of  the  House,  George  Abbott  Hall 
and —  — having  been  appointed  Collector  of  the  Port  and — 

respectively  by  the  Provincial  Congress,  Michael  Kalteisen  having  been 
elected  Commissary  of  Military  Stores  for  the  regular  forces  of  South  .Caro- 
lina by  the  Provincial  Congress,  February  18,  1776,  and  Thomas  Heyward, 
Jr.,  Arthur  Middleton  and  Edward  Rutledge  being  then  delegates  to  the 


155 
Girist  Church  Parish. 

Gabriel  Capers,  Arnoldus  Vander  Horst, 

John  Bbone,  Joshua  Toomer, 

Isaac  Legare  Levi  Durand,4 

William  Scott,  Jr. 

St.  John's  Parish,  Berkeley. 

Job  Marion,  Maurice  Simons, 

Elias  Ball,  Jr.,  James  Cordes,  Jr., 

John  Cordes,  Daniel  Ravenel.8 

St.  Thomas  and  St.  Denis's  Parish. 

James  Akin,  Isaac  Harleston, 

Thomas  Screven,6  Joseph  Fogartie, 

Hopson  Pinckney,6  Rev.  Robert  Smith.0 


Continental  Congress,  writs  to  fill  their  seats  were  issued  b>  the  Speaker 
August  ist  under  the  instructions  given  him  April  loth.  The  election  was 
held  Monday  and  Tuesday,  September  gth  and  loth.  Edward  Rutledge, 
Arthur  Middletpn,  Alexander  Moultrie,  Peter  Timothy  and  George  Abbott 
Hall  were  reflected  and  Nicholas  Eveleigh,  Josiah  Smith,  Jr.,  John  Ernest 
Poyas,  John  Webb,  Thomas  Jones  and  Joshua  Ward  were  elected  to  the 

seats  of  Laurens,  Pinckney,  Middleton,  Heyward,  Kalteisen  and  .     On 

the  3Oth  of  September  it  was  decided  that  members  of  the  Provincial  Con- 
gress who  had  been  appointed  to  places  of  emolument  before  the  adoption  of 
the  Constitution  had  not  been  made  ineligible  to  hold  their  seats  thereby, 
and  on  the  2nd  of  October  it  was  decided  that  the  members  of  the  Continen- 
tal Congress  had  not  vacated  their  seats  and  that  "Charles-Town,  having 
chosen  too  great  a  number  of  Members  on  the  Qth  and  loth  Days  of  September 
last  founded  upon  a  mistake  the  said  Election  should  be  declared  void." 
Moultrie.  Timothy.  Eveleigh,  Smith,  Poyas,  Webb,  Jones  and  Ward  vacated 
their  seats  accordingly. 

'Moultrie  having  been  unseated  October  2nd  was  elected  at  the  election  held 
October  7th  and  8th  to  fill  the  vacancy  caused  by  the  death  of  Cato  Ash. 

*Toomer  and  Durand  were  declared  elected  at  the  election  held  September 
9th  and  loth  to  fill  the  seats  of  John  Rutledge  elected  President  March  26, 
1776,  and  Clement  Lempriere  elected  commander  of  the  ship  Prosper,  April 
10,  1776.  Durand's  seat  was  contested  by  William  Scott,  Jr.,  who,  on  Sep- 
tember 20th,  was  declared  elected,  and  Durand  vacated  accordingly. 


156 

St.  Stephen's  Parish. 

John  Gaillard,  Charles  Cantey, 

Philip  Porcher,  Hezekiah  Maham, 

Peter  Sinkler,  Joseph  Palmer. 

St.  James's  Parish,  Santee. 

Daniel  Horry,7  Capers  Boone, 

Thomas  Horry,  Jacob  Motte, 

Paul  Douxsaint,  Thomas  Lynch,  Jr. 

St.  James's  Parish,  Goose  Creek. 

John  Parker,8  Thomas  Middleton  (1753-1797), 

William  Parker,9  John  Izard, 

Benjamin  Smith,  Keating  Simons,  10 

John  Wright. 

St.  George's  Parish,  Dorchester. 

John  Waring,11  Richard  Waring, 

Benjamin  Waring,  John  Mathewes,12 

Thomas  Waring,  Richard  W'alter. 


"Elected  September  gth  and  loth  to  fill  a  vacancy  that  existed  at  the  time  of 
the  adoption  of  the  Constitution. 

"Elected  September  gth  and  roth  to  supply  the  places  of  John  Huger,  elected 
Secretary  of  State  March  27,  1776,  William  Parker,  elected  a  Commissioner 
of  the  Treasury,  April  9,  1776,  and  Thomas  Shubrick,  elected  a  member  of 
the  Legislative  Council,  March  26,  1776. 

'Elected  a  member  of  the  Legislative  Council  September  19,  1776,  to  succeed 
David  Oliphant  appointed  Director-General  of  the  Hospital. 

'Elected  a  member  of  the  Legislative  Council  September  19,  1776,  to  succeed 
Rawlins  Lowndes,  who  had  declined  the  election. 

"Elected  October  8th  and  9th  to  succeed  John  Parker  elected  to  the  Legis- 
lative Council  September  19,  1776. 

"Elected  September  9th  and  loth  to  succeed  Benjamin  Singellton,  deceased. 


157 
St.  Andrew's  Parish. 

Thomas  Fuller,13    ,  Benjamin  Stone, 

William  Scott,  Isaac  Rivers, 

William  Cattell,  Richard  Park  Stobo,14 

Thomas  Bee.1B 

St.  John's  Parish,  Colleton. 

Chas.  Cotesworth  Pinckney,Ralph  Izard, 
William  Gibbes,  Thomas  Tucker, 

Thomas  Evance,  Benjamin  Jenkins. 

St.  Paul's  Parish. 

Benjamin  Elliott,  Robert  Ladson, 

Charles  Elliott,  John  McQueen, 

George  Haig,  George  Livingston.19 

St.  Bartholomew's  Parish. 

James  Parsons  (Speaker},   James  Skirving,  Jr., 
Rawlins  Lowndes,  William  Skirving, 

Thomas  Osborn,  Philip  Smith. 


"Elected  September  9th  and  loth  to  succeed  David  Oliphant  elected  to  the 
Legislative  Council  March  26,  1776. 

"Reflected  to  fill  the  vacancy  caused  by  his  election  to  an  associate  judge- 
ship  March  27,  1776. 

"Elected  a  member  of  the  Legislative  Council  September  19,  1776,  to  suc- 
ceed Thomas  Bee  elected  associate  judge  March  27,  1776. 

"Elected  September  9th  and   roth  to  succeed  Thomas  Bee  elected  to  the 
Legislative  Council  March  26,  1776. 

"Elected   October  8th   and  9th  to  succeed  Thomas   Fuller   elected  to  the 
Legislative  Council  September  19,  1776. 

"Elected  September  9th  and   loth  to  succeed  Thomas  Ferguson  elected  to 
the  Legislative  Council  March  26,  1776. 


158 

Prince  William's  Parish. 

John  Bull,  \Yilliam  Harden, 

\Yilliam  Bull,  Jr.,  Isaac  McPherson, 

Benjamin  Garden,  Isaac  Motte. 

St.  Peter's  Parish. 

William  Brisbane,                  Thomas  Middleton  (175. -1785), 
Philotheos  Chiffelle,               William  Williamson, 
Gideon  Dupont, .1T 

St.  Helena's  Parish. 

John  Barnwell,  John  Joyner, 

Daniel  deSaussure,  William  Moultrie,18 

Daniel  Heyward,  Jr.,  Thomas  Rutledge. 

Prince  George's  Parish,  Winyah. 

Joseph  Allston,  Thomas  Lynch, 

Elias   Horry,  Jr.,  Paul  Trapier,  Jr., 

Benjamin  Huger,  Benjamin  Young, 

John  Withers.19 

Prince  Frederick's  Parish. 

Theodore  Gaillard,  Jr.,          Thomas  Port, 
John  James,  Sr.,  Benjamin  Screven, 

Archibald  McDonald,  Anthony  White. 

"Vacancy  caused  by  the  election  of  Stephen  Bull  to  the  Legislative  Council 
March  26,  1776. 

"Moultrie  was  elected  to  the  Legislative  Council  March  27,  1776,  to  succeed 
Henry  Laurens  elected  Vice-President,  but  did  not  qualify  at  once.  A  writ 
was  issued  August  ist  to  fill  the  vacancy  and  at  the  election  held  September 
gth  and  roth  he  was  reflected,  but  instead  of  taking  his  seat  he  qualified  as  a 
member  of  the  Legislative  Council. 

ttA  writ  having  been  issued  August  ist  for  the  election  of  a  successor  to 
Thomas  Lynch,  a  member  of  the  Continental  Congress,  John  Withers  was 
elected  to  the  seat  at  the  election  held  September  Qth  and  loth,  but  the  General 
Assembly  decided  on  the  2nd  of  October  that  the  members  of  the  Continental 
Congress  (Arthur  Middleton,  Edward  Rutledge,  Thomas  Heyward,  Jr., 
Thomas  Lynch  and  Thomas  Lynch,  Jr.)  had  not  vacated  their  seats  and 
Withers's  election  was  declared  null  and  void. 


159 
St.  David's  Parish. 


H.  W.  Harrington,  2( 
George  Hicks,21 
Alexander  Mclntosh, 


George  Pawley, 
Claudius  Pegues, 
Samuel  Wise. 


St.  Matthew's  Parish. 


Simon  Berwick, 
John  Caldwell, 
Henry  Felder, 


William  Fludd, 

George  King, 

Rev.  Paul  Turquand. 


Saxe-Gotha  District. 


William  Arthur, 
Benjamin  Farar, 
Ralph  Humphries, 


Henry  Patrick, 
Jacob  Richman, 
William  Tucker.22 


Ninety  Six  District. 

Patrick  Calhoun,  Lachlan  Mclntosh,23 

John  Lewis  Gervais,  Richard  A.  Rapley, 

Rev.  John  Harris,  Andrew  Williamson, 

James  Mayson, 
William  Moore, 


"Harrington  having  been  elected  Sheriff  of  Cheraws  District  March  29, 
1776,  vacated  his  seat,  but  was  returned  at  the  election  held  September  gth 
and  loth. 

"Elected  September  gth  and  roth  to  take  the  place  of  George  Gabriel  Powell 
elected  to  the  Legislative  Council  March  26,  1776. 

"William  Henry  Drayton  having  been  elected  Chief-Justice  March  27,  1776, 
a  writ  was  issued  to  fill  his  seat  from  Saxe-Gotha,  but  the  writ  arriving  after 
the  days  set  for  the  election  a  special  election  was  held  September  i3th  and 
he  was  returned,  but  the  General  Assembly  on  the  25th  of  September  declared 
him  not  entitled  to  the  seat.  A  new  writ  was  issued  and  at  the  election  held 
October  7th  and  8th  William  Tucker  was  elected. 

"Elected  to  fill  a  vacancy  existing  at  the  adoption  of  the  Constitution. 

"Vacancies  caused  by  the  election  of  LeRoy  Hammond  to  the  Legislative 
Council  March  26,  1776,  and  the  death  of  Francis  Salvador,  killed  in  action 
August  i,  1776. 


i6o 
District  between  the  North  Fork  of  Edisto  and  Savannah  Rivers. 

Andrew  Gumming,  George  Robison, 

John   Collins,  John  Salley, 

James  Jones,  James  Wilson. 

Lower  District  between  Saluda  and  Broad  Rivers. 

Jonas  Beard,  John  Prince, 

William  Henderson,  John  Thomas, 

Michael  Leitner,  William  Wofford. 


Upper  District  between  Saluda  and  Broad  Rivers. 

Capt.  John  Caldwell,  John  Lindsey, 

John  Caldwell,  of  Enoree,    John  Rogers, 
Jonathan  Downs,  James  Williams, 

John  Williams. 

District  between  Broad  and  Catawba  Rivers. 

William  Barrow,  John  Nixon, 

William  Howell,  William  Strother, 

Henry  Hunter,  Thomas  Taylor, 

William  Lang,  John  Turner, 

William  Lee,  John  Winn. 

District  Eastward  of  Wateree  River. 

James  Bradley,  Richard  Richardson, 

Joseph   Kershaw,  William  Richardson,25 

Aaron    Loocock,  Matthew  Singleton, 

William  Massey,  Thomas  Sumter,25 

Robert  Patton,  Rev.  William  Tennent. 

"Lt.  Col.  Sumter  and  Capt.  Richardson,  having  been  elected  to  offices  in  the 
6th  and  5th  Regiments  (regulars)  by  the  Provincial  Congress,  writs  were 
issued  for  filling  their  seats  and  they  were  returned  at  the  election  held  Sep- 
tember Qth  and  loth,  but  the  General  Assembly  on  the  3Oth  declared  that  no 
vacancies  had  been  created  in  such  cases. 


Thomas  Neel, 
Ezekiel  Polk, 
Samuel  Watson, 
Alexander  Love, 
William  Byers, 
John  Howe, 
Robert  McAfee, 


161 

The  New  Acquisition. 

Joseph  Howe, 
James  Carson, 
Robert  Dickey, 
Francis  Adams, 
William  McColloch, 
Francis  Ross, 
Thomas  Janes, 
John  Janes.26 


'Elected  in  the  place  of  Joseph  Woods,  who  died  February  14,  1776. 


11— H.  C. 


INDEX. 


Abercorn,  Ga.,  59(2),  70(2), 

Absentees,  70,  107. 

Act  for  establishing  an  oath  of  quali- 
fication, 109,  112. 

Act  for  establishing  a  board  of  com- 
missioners to  superintend  the  naval 
affairs  of  South  Carolina,  89. 

Act  for  appointing  a  Public  Treas- 
urer, 119. 

Act  for  establishing  three  watch  com- 
panies in  Charles  Town,  133,  135, 
138. 

Adams,  Francis,  53,  68,  72,  112,  161. 

Admiralty,  Court  of,  86,  87,  88,  101- 
102,  109,  138. 

Akin,  James,   155. 

Allen,  Edward,  99,  104(2),  107. 

Allston,  Joseph,  158. 

America,  4,  13,  15,  16,  17(2),  18,  30, 
33,  35,  46,  48,  52,  76,  88,  118,  121, 
137- 

Ammunition,  20,  147,  149. 

Amnesty,  86,  88,  109,  121. 

Ancrum,  William,  58. 

Arming  troops,  18,  19,  98. 

Arms,  20,  114,  121. 

Arsenal  (in  Charles  Town),  45. 

Arthur,  William,  50,  159. 

Ash,  Cato,  52,  99,  154,  155. 

Ashepoo  River,  34,  42,  55,  56. 

Atkinson,  Joseph,  58,  122. 

Attorney  General,  8,  127,  148,  149,  154. 
(See  Alexander  Moultrie). 

Augusta,   139. 

Axes,  66,  67,  68. 

Bacot,  Peter,  47,  154. 

Bahama  Islands,  32,  107. 

Ball,  Elias,  Jr.,  4,  155. 

Ballingall,  Robert,  34(4),  42(5), 
55(5),  56. 

Bank  notes.  128. 

Barnwell,  John,   158. 

Barracks,  65,  94. 


Barracksmaster,  115,  142,  143. 

Barrow,  William,  160. 

Barley,  William,  44,  45,  114. 

Bayonets,   147,   149. 

Beard,  Jonas,  160. 

Beaufort,  87(2),  103,  105,  107,  in, 
112,  125,  135,  138,  152;  artillery 
company  at,  124,  135,  139. 

Beaufort  District,  56(2),  57,  62,  69, 
73,  74,  76,  89,  123. 

Bee,  Thomas,  7(2),  8,  99(3),  111(2), 
116,  134,  157(3). 

Bell,  Benjamin,  123. 

Bermuda,  32,  107,  114. 

Berwick,  John,  52,  54,  79(2),  151, 
152;  petition  of,  48,  49,  53-54,  154- 

Berwick,  Simon,  86,   159. 

Besnard,  John,  115. 

Bill  authorizing  the  President  to 
draft  slaves  for  the  public  works, 
74- 

Bill  establishing  an  oath  of  qualifica- 
tion, 81,  85,  101,  105-106,  109,  iio- 
iii.  (See  Acts.) 

Bill  for  appointing  commissioners  to 
superintend  the  naval  affairs  of 
South  Carolina,  39,  57,  63,  64,  72, 
78,  79-80,  87.  (See  Acts.) 

Bill  for  better  regulation  of  the  mili- 
tia, 33,  104,  105,  HO,  120. 

Bill  for  disarming  the  disaffected,  33. 
(See  Ordinance  on  same  subject.) 

Bill  establishing  a  reprisal  fund,  87. 

Bill  of  general  amnesty,  86,  88,  121. 

Bill  to  amend  the  Act  as  to  the  juris- 
diction of  the  Court  of  Admiralty, 
86,  87,  88,  101-102,  138. 

Bill  to  compensate  persons  sustaining 
losses  from  the  British,  54. 

Bill  to  secure  the  estates  of  persons 
absent  from  the  State  who  are 
known  to  be  inimical  to  the  liber- 
ties of  America,  76. 


164 


Bill  to  establish  three  watch  com- 
panies in  Charles  Town,  108,  109, 
112,  119-120,  133,  135. 

Bill  to  amend  the  constitution  of 
March  26,  1776,  137. 

Black,  Mrs.  Elizabeth,  100,  108,  116- 
117,  123(2). 

Black,  Robert,  100. 

Blake,  Edward,  72,  99(2),  113,  129. 

Blake  John,  of  Charles  Town,  113. 

Blake,  John,  captain  in  2nd  Regi- 
ment, company  of,  140. 

Blankets,  94. 

Blessingham,  Capt.,  135. 

Bloody  Point,  70,  80. 

Board  of  Treasury  (Continental), 
10,  18. 

Bocquet,  Peter,  154. 

Boone,  Capers,  156. 

Boone,  John,  44,  155. 

Boote.  Benjamin  Booth,  113. 

Bounties.  25,  96,  97,  98(2),  115(3), 
119.  121(2),  126(3),  131,  140,  144. 

Bradley,  James,  160. 

Brewton,  John,  141,  149. 

Brimstone,  45. 

Brisbane,  James,  121, 

Brisbane,  William.  4,  59,  158. 

British  Armament,  defeat  of  at  Sulli- 
van's Island,  9,  13,  14. 

British  West  Indies,  86,  87. 

Broad  River,  upper,  or  Spartan,  elec- 
tion district  between  Saluda  River 
and,  45-6,  160;  lower  election  dis- 
trict between  Saluda  River  and, 
160;  election  district  between 
Catawba  River  and,  160. 

Brown.  James,  52,  154. 

Bull,  John,  99,  158. 

Bull,  Stephen,  158;  regiment  of,  80. 

Bull,  William,  Jr.,  158. 

Bull's   Island,    147,    148. 

Burnley,  John,  114. 

Bush,  Isaac,  123. 

Byers,   William.   161. 

Caldwell,  John,  of  St.  Matthew's 
Parish,  n,  39,  47,  63,  123,  159. 

Caldwell,  Capt.  John,  160. 

Caldwell,  John,  of  Enoree,  160. 


Calhoun,  Patrick,  159. 

Calvert,  John,  45,  54. 

Camden  District,  123. 

Cannon,  Daniel,  88,  140,  154. 

Cannons,    147,    149. 

Cantey,  Charles,  11,  33,  34,  39,  50,  75, 

156- 

Cape  Fear  River,  71. 
Capers,  Gabriel,  44,  88(2),   109,   155. 
Capers's  Island,  147,  148. 
Carlton  Island,  148. 
Carnachan,  John,  77. 
Carsan,  James,  121. 
Carson,  James,  161. 
Cashier,  89. 
Casks,  21. 
Catawba      River,      election      district 

between  Broad  River  and,  160. 
Cattell,  William.  59,  60,  70,  72,  79,  82, 

108,  119,  142,  157. 
Cencus,  17,  18. 
Champneys,  John,  121. 
Chancellor,  118,  137. 
Charles      Town      (Charleston     after 

1783),  3(3),  5,  7-  15.  38,  42,  44,  45. 

47,    51(2),    52,    55,    60,    61,    62(3), 

65(2),  69(2),  70,  75(2),  84(2),  85, 

96,  99.  100,  102,  108(2),  113, 
Il8(2),  119,  133.  135(2),  137(2), 
138,  139(2),  140,  142(2),  143(2), 

149(2),    154,   155;   Clinton's  arrival 

off    bar    of,    17;    harbor    of,    91; 

obstructions  to  bar  of,  114. 
Charles   Town   District,   34,  48,   122; 

jail    of,    102,    103,     104,    121,     150, 

151(2), 

Charles  Town  Neck,  143. 
Cheraw   Hill,  40,   57,  63,   64,   71,   75, 

81(3),  ioo. 

Cheraws.  57,  04,  65,  81,  104,  114,  121. 
Cheraws   District,    159;    jail   of,    143, 

150. 
Cherokee    Indians,   9,    13,    14,    50(2), 

60(2),    115,    124.    138,    150;    trade 

with,   125. 

Chief-Justice,  52,  159. 
Chiffelle,  Philotheos,  38,  40,  59,   108, 

158. 
Chisolm,  Alexander,  58. 


Christ  Church  Parish,  4(2),  6,  15(2), 

16,  41,  44,  52,   155. 
Cinquefield,  Francis,   123. 
Clergy,   114,   119. 
Clerk,  4,  5,  49,  103,   154. 
Clinton,  Sir  Henry,  17. 
Clothing  for  troops,  24-25,  32,  94,  98, 

114,    119,    121,   140,   144. 
Cochran,  Robert,  114. 
Colcock,  John,  54,   122. 
Cole's  Island,  148. 

Collector  of  Country  Duties,  118,  137. 
Collector     of     the      Port      (Charles 

Town),   154. 

Collins,  John,  4,  7,  45,  160. 
Comet    (brigantine),    7,    37,    38,    40, 

47(2),  5i(3),  75,  99(2),  104(3). 
Commissary  General,   114,   125. 
Commissary   of    Military    Stores    for 

the   Regulars,    154. 
Commissioners  of  Indian  Affairs,  71, 

139- 
Commissioners  of  the    Navy    Board, 

39,  57,  63,  64,  72,  78,  79-80,  87,  89, 

99,   130. 

Commissioners    for    laying    obstruc- 
tions on  the  bar  of  Charles  Town 

Harbor,    114. 

Commissioners   to   purchase   salt,   58. 

66,  72-73.  73,  ioo,  108,  114,  115. 
Commissioners  for  importing  clothes 

for  the  troops,  114. 
Commissioners    to    Superintend    the 

Pilotage  at   Beaufort,    103. 
Commissioners     of     Fort     Lyttelton, 

114. 

Commissioners  of  the  Markets,  126. 
Commissioners  to  sign  paper  money, 

141,    142. 
Commissioners    for    high-roads,    143, 

148.         • 
Committees  of  General   Assembly,  7. 

lo-ii,   11(2),  15.  44,  45,  48(2),  50. 

52,  57(2),  58,  59,  76,  85.  87,  89,  99. 

103,  in,   119,   137,  139;  of  parishes 

or   districts,    11(2),    12,   56.   57,   73. 

74.  81,  83-84.  87,  loo.  101,  105,  108, 

109,  iio-iii,   112. 


Commons    House    of    Assembly,    49, 

130,  131;    Clerk  of  the,    103;    cur- 
rency issued  by,  130,  131,  146(2). 

Congarees,  49. 

Connecticut.  97. 

Constitution   (vessel),  115. 

Constitution  of  March  26,  1776,  105, 
in,  153,  154,  155,  156,  159;  revision 
of  the,  117-119.  120.  132,  133,  134, 
136-137- 

Continental  Association,  83. 

Continental  Congress,  9,  10,  13,  14, 
15,  18(2),  33,  41,  65,  69,  71,  83, 
96(4),  97(2),  98(2),  114,  116,  117, 
118,  119,  I2i.  136,  137,  140(2),  144, 
155(2).  158(2)  ;  letters  from  South 
Carolina's  delegates  to  the,  10(2), 
16-17,  29-31,  96;  letters  from  presi- 
dent of  the,  10,  31 ;  resolutions  of 
the,  10,  17-18,  18,  18-19,  19-21,  21, 
21-22,  23.  23-24,  31-32.  32.  97(2),  08; 
debate  in  respecting  East  India  tea, 
29-31 ;  currency  of  the,  128,  130, 

131,  146(2), 

Continental  Establishment,  troops  of 
South  Carolina  on  the,  21,  23-24. 
31-32.  71,  72.  74.  75,  78,  82(2),  88, 

96,    98,    113,    114,    119,    121,    124.    I4O, 

144;  surgeons  of  the  South  Caro- 
lina regiments  on  the.  152;  frig- 
ates on  the,  66.  67,  71. 

Contingent  fund  for  the  President, 
114. 

Controller  of  Country  Duties,  118. 
H9,  137- 

Comvay,  Philip,   1 14. 

Cook.  John,   123. 

Copithorn,  John,  115. 

Corbett,  Thomas,  36.  39.  40,  44,  45, 
65,  72,  86,  154. 

Cordes,  James.  Jr.,  155. 

Cordes,  John,  83,  89,  155. 

Corporations,    131. 

Cotton  cards,  67,  68. 

Council  Chamber,  8,  9,  35,  62,  88(2), 
89(2),  ico,  101(2),  111(2),  112(2), 
138(3).  146(2). 

Council  of  Safety,  21,  23(2),  45,  49. 


i66 


Counterfeiting,  25,    116,    130(2),    131, 

145-146,  146. 

Country  duties,   118,   125. 
Court  of  Appeals,  118,  137. 
Court  of  Chancery,  118,  137. 
Court  of  Ordinary,   118,   137. 
Court  Houses,  125,  126,  128. 
Courts,  46,  56,  57,  62,  69,  73,  74,  76, 

77,    82,    86,    87,    89,    101-102,    109, 

118(3). 
Courts-martial,  33,  72,  75,  78,  79,  81, 

82,  82-83,  137- 
Creek  Indians,  142. 
Crosby,  Timothy,  130. 
Cross   Creek,   N.   C,   71. 
Crown  officers,  121,  143(2),  150,  151. 
Gumming,  Andrew,  160. 
Custom  House,  116. 
Darrell,  Edward,  115. 
Darrell,  Joseph,  113;  company  of,  114. 
Dart,  Benjamin,  115,  116,  129. 
Dawfuskee  Island,  147,  148. 
Dawson,  John,  58. 
deSaussure,  Daniel,  7,  33,  44,  45,  48, 

64,    70,    75,    80,    87,    103,    107,    122, 

131,  158. 
Declaration   of   Independence,   9,    13, 

14,  15,  16-17,  26-29,  35,  88,  102. 
Defence,  Gen.  Howe's  letter  in  regard 

to,   90-96,    146-149;   back   country's, 

149. 

Delaware,  97. 
Dickert,  Michael,  123. 
Dickey,  Robert,  161. 
Director-General,  of  the  Hospital,  8. 

156. 
Disarming  the  disaffected,   18-19,  33, 

46,  52-53- 

Dogharty,  James,  51(2),  75. 
Dorchester,  49,   115. 
Douxsaint,  Paul,  156. 
Downs,  Jonathan,  160. 
Drayton,   William   Henry,  49(2),  50, 

52,  159- 

Drew,  Henry,  89,  102. 
DuBose,  Daniel,  122. 
Duane,  James,  18. 
Dunn,  John,  113. 
Dupont,  Gideon,  38,  158. 


Durand,  Levi,  4(3),  6(4),  15(2), 
16(4),  41,  52,  155(4). 

Duties,  22,   124,  137. 

East  Florida,  48(2),  86,  87. 

East  India   Company,  30. 

East  India  Tea,  10,  21,  29-31,  33,  37, 
40,  46,  56-57,  57,  58,  62. 

Edisto  River,  47 ;  south  fork  of  the, 
47 ;  election  district  between  the 
Savannah  River  and  the  north  fork 
of  the,  45,  160. 

Education,  46,  107. 

Edwards,  John,  7,  11,  36,  38,  39(2), 
40.  50,  51,  53,  57,  58,  63,  74,  88(3), 
99,  in,  122,  131,  139,  142,  154. 

Elections,  3,  8(2),  47,  49,  52,  69,  72, 
75.  79-  79-8o,  83-84,  99,  104,  112, 
117,  118(3),  U2,  137,  Mi,  149,  155; 
contested,  6-7,  15-16,  41 ;  places  of, 
45,  46,  77,  105,  109,  in,  112;  manag- 
ers of,  45,  46,  78,  84. 

Elliott,    Benjamin,  44,  48,    157. 

Elliott,  Charles,  79,  157. 

England,  17,  30(2),  37. 

Europe,   107,   143. 

Evance,  Thomas,  157. 

Eveleigh,  Nicholas,  3,  4,  33,  52,  123, 
154,  155(2). 

Exchange  (Charles  Town),  the,  33, 
124,  125(2),  128. 

Export  restrictions,  21. 

Farar,  Benjamin,  159. 

Farr,  Thomas,  122. 

Farr,  Thomas,  Jr.,  49(2),  54,  152. 

Felder,   Henry,    159. 

Fenwick,  Edward,  petition  of,  33-34, 
41-44,  48,  49,  54-56. 

Ferguson,  Thomas,  157. 

Ferries,  58,  59,  70,  93,  148,  149. 

Ficklin,   Samuel,   123. 

Field  pieces,  147,  149. 

Fifth   Regiment,   121,   160.  • 

Files,  67,  68. 

Fines  and  forfeitures,  116,  125. 

Firemasters,   113. 

Fisher,  James,  58. 

Flax,   126. 

Florida  (See  East  Florida  and  West 
Florida). 


i67 


Flour,  65(2),  113,  115,  124. 

Fludd,  William,   159. 

Fogartie,  Joseph,  33,  155. 

Folly  Island,   148. 

Fort   Johnson,  go,    124,    145(2),    147, 

148. 

Fort  Lyttelton,  114,  152. 
Fort  Moultrie,  9,  13,  14,  90,  91,  100, 

145(2). 
Fortifications,  74,   113,   114,   124,   125, 

147,  148. 

Fourth  Regiment,  135,  139(2). 
Free  Schools,  46. 
Friday,  Jacob,  50. 
Fuller,  Thomas,  8,  52,  99,  157(2). 
Gaborial,  John,   130. 
Gadsden,     Christopher,     24,     65,     79, 

111(3),  130,  134,  154- 
Gaillard,  Charles,  122. 
Gaillard,   John,    156. 
Gaillard,  Tacitus,  115. 
Gaillard,  Theodore,  Jr.,  47,  158. 
Gallies,  147,  148. 
Gambell,  Archibald,  68. 
Garden,  Benjamin,  33,  40,  54,  57,  59, 

62,  69,  70,  87,  151,  152,  158. 
Gazette   (in  Charles  Town),   no. 
George  II.,  37. 
George    Town,    113,    114,    115,    121; 

artillery  company  at,   114,  124,  135, 

139- 
George   Town   District,    122;   jail  of, 

143,  ISO. 
Georgia,    32,    34,    37,    42,    55,    59(4), 

70(3),- 93(2),  97,  ri4,  127. 
Gerry.  Elbridge,  18. 
Gervais,  John  Lewis,  7,  15,  33(2),  39, 

47,   50,   61,   64,   65,   66,   76,   79,   89, 

102,  103,  119,  139,  159. 
Gibbes,  William,  139,  157. 
Gibbes's  Wharf,  William,  122. 
Gibson,  John,  18(2). 
Gillon,  Alexander/  154. 
Glasgozv    Packet    (transport    brigan- 

tine),  108,  122,  131,  152(2). 
Gold,    125. 

Goodwyn,  Robert,    123. 
Gray,  John,  104. 
Great  Britain,  9,  13,  14,  16,  19,  20(3), 


21(3),  22,  25,  26,  29,  30,  32,  37,  40, 

46,  56,  62,  86,  87,  88,   102,   107(3), 

109,  117(2),  118,  136(2),  137,  138. 
Green,  Thomas,   123. 
Guignard,  John  Gabriel,   123. 
Haddrell's  Point,  44,  90,  94,  147,  148. 
Haig,   George,   71,  72,   73(2},  74(3), 

157- 

Halifax,  N.  S.,  17. 
Hall,  George  Abbott,  3,  4,  40,  52,  62, 

65,  72,  116,  154(2),  155- 
Hammond,  LeRoy,  142,  159. 
Hancock,  John,  10,  23,  29,  31,  32(2), 

98. 

Harden,  William,  158;  artillery  com- 
pany of,  124   (See  also  Beaufort). 
Harleston,    Isaac,    75,    81,    101,    102, 

155 ;  company  of,  140. 
Harrington,    Henry    William,    8,    39, 

40,    41,    47,    57,    78,    81,    119,    122, 

159(2). 

Harris,  Rev.  John,   159. 
Harvey,  William,  125. 
Heatly,  Charles,   123. 
Hemp,  115,  126. 
Henderson,   William,    160. 
Hey  ward,    Daniel,    Jr.,    no,    111(2), 

158. 
Hey  ward,  Thomas,  Jr.,  17,  31,  69(3), 

75,  76,  85,  86,  87(3),  108(2),  109, 

in,    116,    133,    137,    139,    145(2), 

154(2),  155,  158. 
Hicks,   George,  8(2),    n,  33,  36,  38, 

39,  41,   159. 

Highways,  143,  148,  149. 
Hobcaw,  129. 
Hoes,  67. 

Holmes,  William,  122. 
Horry,  Daniel,  6(2),  7,  8,  52,  156.- 
Horry,  Elias,  Jr.,  79(2),  106(2),  158. 
Horry,  Thomas,   156. 
Hort,  William,  44,  109,  109-110. 
Hort's  Ferry,  47. 
Hospital,    115;    Director    General    of 

the,  156. 

Houseal,   William,   123. 
Howarth,   Probart,  regiment  of,   125, 

128. 
Howe,  Lord,  17. 


i68 


Howe,  John,  123,  161. 

Howe,  Joseph,  53,  58,  63,  68,  73,  74, 

76,  87(3),  161. 
Howe,    Gen.    Robert,    102,    124,    133; 

letter    of    to    President    Rutledge, 

89,  90-96,  119,  146-149,  149. 
Howe,    Sir  William,    17. 
Howell,  William,  160. 
Howitzers,  147,  149. 
Huger,  Benjamin,  70,  72,  75,  137,  158. 
Huger,  Francis,  company  of,  140. 
Huger,  John,  3,  156. 
Humphries,  Ralph,  50,  64,  159. 
Hunter,  Henry,  160. 
Hunting  Islands,  147,  148. 
Independence,    Continental    Congress 

declares,  9,    13,    14,    15,    16-17,    117, 

136- 

Independent  companies,  135,  139. 
Indian    Affairs,     Superintendent    of, 

48;  Commissioners  of,  71,  139. 
Indian  trade,    128. 
Indians,  9,   13,   14,  50,  59,  60,  61,  91, 

H3,    US,    138,   149- 
Indigo,  42,  43,  55,  56,  115. 
Internal    improvements,    in. 
Ireland,  22,  86,  87. 
Iron,  65,  66,  67(2),  68. 
Islington  (schooner),  113. 
Izard,  John,   156. 
Izard,    Ralph,    4,    15,    33(2),    54,    56, 

57(2),  58,  99(2),  100(2),  108,  143, 

157- 

Jackson,  Benjamin,  122. 
Jail,    Charles    Town,    102,    103,    104; 

Cheraws,    121. 
Jails,  125,  126. 
James,  John,  Sr.,  73,  158. 
James  Island,   114. 
Janes,  John,  53,  161. 
Janes,   Thomas,   161. 
Jenkins,  Benjamin,  157. 
Johnson,  William,  154. 
Jones,  James,  160. 
Jones,   Thomas,  3,  4,  36,   53,  68,   72. 

75,  154.  155(2). 
Joyner,   John,   48,   51,   53,   74,   76,   79, 

81,  87,   158. 
Judges,  118,  127,  137,  157. 


Juries,  46,  56,  57,  62,  69,  73,  74,  76, 
86,  87,  88,  89. 

Kalteisen,    Michael,   154(2),    155. 

Kelly's  Old  Cowpen,  45. 

Kershaw,  Ely,  122. 

Kershaw,  Joseph,  160. 

Kiawah  Island,  147,  148. 

King,  George,  4,  123,  159. 

King,   Richard,   123. 

Kirkland,  Joseph,   123. 

Kolb,  Abel,  122. 

Ladson,  Robert,  78,  81,  84,  87,  104, 
105,  106,  145(4),  157- 

Lady's  Island,  34,  42(2),  55. 

Lamar,  Thomas,  139,  142,  152. 

Lang,  William,  160. 

Laurens,  Henry,  154,  155,  158. 

Leach,  Thomas,  123. 

Lead,  57,  81,  104. 

Leckie,  James,   116. 

Lee,  Gen.  Charles,  115. 

Lee,  William,  160. 

Legare,  Isaac,  133(2),  155. 

Leger,  Peter,  33,  58,  85,  154. 

Legislative  Council,  3,  7,  8(3),  37, 
38(2),  40(5),  46(2).  47,  49,  50, 
51(2),  52(4),  54,  57(2),  62(2),  68, 
69,  7i,  72,  73-  74(4),  75(2),  78(3), 
79,  80,  81(2),  82(2),  82-83,  83(2), 
84(3).  86(2),  88(3),  89(2),  96, 
99(2),  101(4),  102(2),  104,  105, 
106(4),  107(5),  108(2),  109, 
110(2),  111(4),  112(3),  117(2), 
120(3),  121(2),  122(2).  124, 
131(2),  132,  133(4),  U5(2),  136, 
138(3).  141,  142(2),  143(2), 
145(3).  149,  154,  156(4),  157(5), 
158(3).  159(2)  ;  messages  from, 
105-106,  110,  131-132. 

Leitner,  Michael,  66,   160. 

Lempriere,  Clement,  6(2),  36(2),  155. 

Lepoole,   Peter,   n4 

Liberty   (brigantine),  114. 

Lide,   Robert,    122. 

Lightwood,    Edward,    58. 

Lindsey,  John,   160. 

Linen,  115,  126. 

Lining,  John,  141.  149. 


169 


Little  River  (George  Town  District), 

7i. 
Little   River    (Ninety    Six   District), 

47- 

Little  Thomas  (schooner),  114. 

Livingston,  George,  4(2),  157. 

Loans,  130,  131,  141,  142,  143,  145, 
146. 

Long  Bluff,  40. 

Long  Island  (Isle  of  Palms),  90. 

Loocock,  Aaron,  11,  39,  45,  54,  65,  66, 
160. 

Lord,  Benjamin,  54. 

Love,  Alexander,  123,  161. 

Lowndes,  Rawlins,  8(2),  II,  12,  34, 
41,  48.  50(2),  53,  59,  74,  78,  99, 
no,  in,  117,  156,  157. 

Lynch,  Thomas,  17,  31,  158(3). 

Lynch,  Thomas,  Jr.,  17,  31,  156,  158. 

Lyttelton,  Governor  W.  H.,  expedi- 
tion of,  125,  128. 

Lyttelton's  Bastion,   114. 

Magazines  (powder),  129. 

Magistrates,  47.   122-123,   131,  146. 

Maham,  Hezekiah,  40,  156. 

Manigault,  Gabriel,  116. 

Manufactures,   126. 

Maple  Cane,  34(2),  42,  55(2). 

Margaret  (sloop),  58,  66,  72,  100. 

Marion,  Job,  155. 

Maryland,  97. 

Mason,  George,  140. 

Massachusetts,  97. 

Massey,  William,  160. 

Master  in  Chancery,  8,  9. 

Mathewes,  John,  4(2),  7,  33,  37,  38, 
40,  47,  51,  57,  62,  69,  no,  111(4), 
119.  156. 

Matzenback,  Baron,  115. 

Mayson,  James,   159. 

McAfee,   Robert,    161. 

McCall,  John,  Jr.,    141,    149. 

McColloch,  William.   161. 

McDonald,  Adam,  140,  144(2)  ;  com- 
pany of,  139. 

McDonald,  Archibald,  158. 

Mclntosh,  Alexander,  58,  59,  72,  99. 
122,  159. 

Mclntosh,  Lachlan,  53.  159. 


McPherson,  Isaac,  59,  78,  81,  138,  158. 
McQueen,   John,   40,    46,    54,   84,   87, 

107,  157- 

Meldrum,  11,  35. 

Mercer,  Richard,  122. 

Messages  from  the  President,  8, 
10(2),  16,  35(2),  36,  40-41,  49,  50, 
54,  57,  59,  62,  65,  66,  68,  71,  72, 
75,  76,  88,  89,  96,  98,  101,  in, 
119(2),  120,  121,  124,  134,  I34-U5, 
138(2),  139,  143,  146,  146-147,  149- 

Michie,  Henry,  121. 

Middleton,  Arthur,  3,  17.  31,  32, 
154(2),  155,  158. 

Middleton,  Henry,  154,  155. 

Middleton,  Thomas  (1719-1766),  reg- 
iment of,  125,  128. 

Middleton,  Thomas  (i75.-i78s),  37, 
38,  39,  40,  107,  158. 

Middleton,  Thomas  (1753-1797),  120, 
156. 

Militia,  9,  13.  15,  33,  4<>,  57,  63,  77, 
80,  86,  95,  104,  105,  1 10,  114,  120(2), 
150,  151.  154;  paymaster  of  the,  54, 
63,  72,  76,  77,  152;  paymaster-gen- 
eral of  the,  77;  commissary  of  the, 
152. 

Mill  materials,  67,  68. 

Ministers,    114,    119. 

Minute  men,  95,  147,  149. 

Mitchell,  John,  11(2),  12(2),  35,  100. 

Money  issues,  126,  127,  128,  130,  141, 
142,  145,  146(2). 

Moore,  Isham,  123. 

Moore,  James,  123. 

Moore,  William,  33,  39.  47,  58,  73, 
123,  159- 

Morgan,  Capt.,  115. 

Morgridge,  John,  104. 

Mortars,  147,  '149. 

Motte,  Charles,  company  of,  140. 

Motte,  Isaac,  n,  33,  158. 

Motte,  Jacob   (1700-1770),  126. 

Motte,  Jacob  (1729-1780),  156. 

Moultrie,  Alexander,  3,  8  (Attorney 
General),  n,  33(2),  50,  54(2),  57, 
63.  76,  99(3),  i".  "9-  154(2), 
155(3). 

Moultrie,  John.  48(3). 


Moultrie,  William,  4,  24,  52,  90,  134, 
158(2). 

Murphy's  Island,  148. 

Muskets,  147,  149. 

Naval  Affairs  of  South  Carolina,  36. 
37,  39,  H3,  US,  130;  Bill  for 
appointing  commissioners  to  super- 
intend and  direct,  39,  57,  63,  64, 
72,  78,  79-80,  87,  89,  99;  commis- 
sary of,  115. 

Neel,  Thomas,  68(2),  77,  161. 

Negroes,  19,  34,  42(2),  43,  48,  55(2), 
56(2;,  78,  81,  82,  83,  84,  99,  101,  124. 

Nelmes.  Capt.,  114. 

Neufville,  John,  u,  36,  39,  44,  45, 
50,  85(2),  113,  130,  154. 

Neutrality,   102. 

New  Acquisition,  72,  77(2),  161. 

New  Hampshire,  97. 

New  Jersey,  97. 

New  Providence,  32. 

New  York,  17(2),  97. 

Nielson,  Jarad,  123. 

Ninety   Six,  46,   142. 

Ninety  Six,  election  district  of,  159 

Ninety  Six  District,  46,  123. 

Nisbett,  William,  122. 

Nitre  works,   114. 

Nixon,  John,   160. 

Norris,  William,  123. 

North  Carolina,  9,  13,  14,  71(2),  78, 
93,  97,  H3,  138,  140,  144(2). 

Notre  Dame  (brigantine),  113. 

Nova  Scotia,  86,  87. 

Nuckols,  John,  46. 

Oath  of  fidelity,  106,  150. 

Oath  of  qualification,  81,  85,  101, 
105-106,  109,  iio-iii,  112,  137. 

Oats,   Edward,   115. 

Oliphant,  David,  7(2),  8,  156,  157. 

Orangeburgh   District.    123. 

Ordinance  for  appointing  commis- 
soners  to  sell  East  India  tea,  33, 
40(2),  46,  56-57,  57,  58,  62. 

Ordinance  for  disarming  disaffected 
persons,  46,  52-53- 

Ordinance  for  providing  juries  for 
Beaufort  District,  56,  57,  62,  69,  73, 
74,  76,  89. 


Ordinance  providing  for  courts-mar- 
tial, 33.  72,  74,  75,  78,  79,  81,  82, 
82-83.  89. 

Ordinance  to  direct  the  manner  of 
procuring  negroes  for  the  public 
service,  78,  81,  82,  83,  84,  87,  88, 
99,  loo,  101. 

Ordinance  for  allowing  and  keeping 
in  repair  a  pilot  boat  at  Beaufort, 
107,  in,  112,  135,  138. 

Ordinance  for  opening  and  improv- 
ing inland  navigation,  in. 

Ordinance  for  appointing  Commis- 
sioners to  stamp  money,  141,  142, 
143,  145,  146. 

Ordinance  to  establish  a  commission 
to  repair  the  Jail  in  Charles  Town, 
151- 

Osborn,  Capt.,  48. 

Osborn.   Thomas,    111(2),   157. 

Osnabrigs.    115. 

Palmer,   Joseph,   41,    156. 

Paper,   68. 

Parker,  John.  8,  52.  99,  156(2). 

Parker,  William,  99,  156(2). 

Parliament  of  Great  Britain,   19,  30. 

Parsons,  James,   157. 

Patrick,  Henry,  47,  119,   159. 

Patton,  Robert,  160. 

Pawley,  George,  85,  112,   159. 

Pearis,  Richard,  7,  64(2),  68.  76-77, 
84,  85. 

Pearis,  Mrs.  Richard,  7. 

Pearis,  Robert,  89,  102(4),  103(2). 

Peggy    (schooner),   114. 

Pegues.  Claudius,  8,  11(3),  36,  38,  39, 
4i.  159- 

Pellis,  George,  123. 

Pennsylvania.  97.   101,   116,  117. 

Pensions,  139,  140. 

Peoples,  Henry,   45. 

Peronneau,   Henry,   115,    116,   129. 

Pest  House,  124. 

Petitions,  6-7.  48. 

Philadelphia,  10(3),  11(2).  16,  18, 
29,  3i,  35,  65(2),  66(2),  67(2),  68, 
70.  96.  147. 

Pickering,    Capt..    152. 


Pilots,  pilotage,  and  pilot  boats, 
87(2),  103,  105,  107,  in,  112,  135* 
138. 

Pinckney,    Charles    (1732-1782),    154, 

155- 
Pinckney,  Charles  Cotesworth,  7,  n, 

15,  32,  33(3),  37,  47,  50,  51-  54,  56, 
57(2),  60,  61,  64(2),  65,  66,  72, 
74(2),  78,  81,  87,  88(2),  99,  104, 
no,  in,  141,  142(2),  143,  146,  150, 

151,   157- 
Pinckney,    Hopson,    4,     50,     72,     73, 

74(3),  83,  89(2),  112,   120,   155. 
Pinckney's   Island,   148. 
Pledger,  Philip,   122. 
Plows.  67,  68. 
Poaug,  John,  58. 
Polk,  Ezekiel,  161. 
Polly  (schooner),  115(2). 
Pooler,  Quintin,   139. 
Poor-tax,  51-52,  62-63,  72- 
Population,  17,  18. 
Porcher.   Philip,    156. 
Port,  Thomas,  158. 
Port  Henderson   (ship),  116. 
Port    Royal,    114;    artillery   company 

at,  113. 

Post  riders,   115,   139,  142. 
Powder,    17,   44(2),   45,    57.   81,    104, 

113,  129;  commissioners  for,  45(2). 
Powder  Receiver,  38,  39(2),  45.   119, 

124(2),   125,    129(2)  ;   Deputy,    129. 
Powe,  Thomas,  122. 
Powell,    George    Gabriel,    40,   69,    71, 

75,  81(2).   159. 

Powell,  Robert  William,  154. 
Poyas,   John    Ernest,   3,   4,    125,    154, 

155(2). 
President  of  South  Carolina,  24,  31, 

33,  57,  58,  74,  82,  84,  88(2),  89(3), 

100(3),  101(4),   104.  105,   106,  107, 

IIl(2),    112(3),    H8,    122,    128.    130, 

131(2),  135,  136.  137(2),  138(5), 
139(2),  141,  142,  143(2),  145(3), 
146(2),  147,  148,  149(3),  150(5), 

151,  152,  153,  155;  addresses  to, 
12-15,  33,  35(2),  51,  53,  62;  letters 
of  delegates  to  the  Continental 
Congress  to,  16-17,  29-31 ;  messages 


of,  8,  10(2),  16,  35(2),  36,  40-41, 
49-  50,  54,  57,  59.  62,  65,  66,  68,  71, 
72,  75,  76,  88,  89,  96,  98,  101,  in, 
119(2),  120,  121,  124,  134,  134-135, 
138(2),  139,  143,  146,  146-147,  149; 
messages  to,  12,  35-36,  38,  61,  62, 
63-64.  64(2),  65,  70-71,  73,  79,  80, 
81,  104,  104-5,  140,  144(2),  145, 
146,  149-150,  150,  151 ;  proclamations 
of,  3,  131,  146;  speeches  of,  9-10, 
10.  35- 

Prince,  John.   160. 

Prince   Frederick's   Parish,   158. 

Prince  George's  Parish,  Winyah,  4, 
75,  158. 

Prince  William's   Parish,  99,   158. 

Printing  Acts,  109. 

Prioleau,  Samuel,  129(2). 

Prioleau.  Samuel,  Jr.,  129(2). 

Prisoners  of  war,  59,  60,  61,  102, 
103(2),  104,  151. 

Pritchard.  Paul,   114. 

Privateering,  20. 

Privileges  and  Elections,  Committee 
on,  7,  15-  , 

Privy  Council,  40,  54,  65,  100,  117, 
118,  121(2),  130,  131,  135,  136,  137, 
141,  143(2),  145,  146,  149,  150; 
secretary  of  the,  54,  63,  72,  76(2), 
77;  messengers  of,  54,  63,  72,  76(2), 
77- 

Proclamations,  3,  131,  146.  (See 
President.) 

Prosper  (ship),  36,  38(3),  155- 

Prosser,    Stephen,    104. 

Provincial  Congress,  23,  42,  44,  55, 
56-  57,  67,  81,  83,  104,  105(2),  no, 
120,  130,  131,  135,  153,  154(2),  155, 
1 60;  secretary  of  the,  4. 

Public  Buildings,  112,  144. 

Public  works,  74,  115,  130. 

Purrysburgh,  58,  59(3),  70(2). 

Quartermaster-general,    115. 

Rambert,  Abijah,   123. 

Ramrods,   147,   149. 

Rangers.  96,  97. 

Rapley,  Richard  A.,  159. 

Rations,  120. 

Ravenel,  Daniel,  4,  41,  155. 


172 


Rebecca   (vessel),  113. 

Records,  47,  49,  103. 

Religion,  118-119. 

Representation  in  the  General 
Assembly,  117. 

Reprisal  fund,  87,  131. 

Resolutions,   122. 

Revenge   (vessel),  108,  122,   131,  152. 

Reward,  145,  146. 

Rhode  Island,  97. 

Rice,  43,  56,  113,  114. 

Richardson,  Richard,  160;  expedition 
of,  113. 

Richardson,  Richard,  Jr.,  134(2),  135. 

Richardson,  William,  4,  160(2). 

Richbourg,  Capt.,   134(2),   139. 

Richman,  Jacob,  47(2),  79,   159. 

Riflemen,  the  two  regiments  of,   119. 

Rifles,    114. 

Rivers,  Isaac,  157. 

Roads,  47. 

Robinson,  Joseph,  87. 

Robison,  George,  4,  39,  45,  47,  58, 
63,  112,  160. 

Robison,  William,  45,   123. 

Rocky  River,  47. 

Rogers,  John,   160. 

Rose,  Mr.,  42,  55. 

Ross,  Francis,   161. 

Rutledge,  Edward,  3,  17,  31,  96, 
154(2),  155,  158. 

Rutledge,  Hugh,  6. 

Rutledge,  John,  155;  president  and 
commander-in-chief,  6,  31,  33; 
addresses  to,  12-15;  letters  from 
the  delegates  to  the  Continental 
Congress  to,  16-17,  29-31 ;  messages 
of,  8,  10(2),  16;  messages  to,  12; 
proclamations  of,  3 ;  speeches  of, 
9-10,  10.  (See  President.) 

Rutledge,  Thomas,  158. 

Salkehatchie   River,   47. 

Salley,  John,  8,  45,  160. 

Salt,  58(3),  73,  74,  78,  100,  108;  com- 
missioners to  purchase,  58,  66, 
72-73,  73-  loo.  108,  114. 

Salt-works,  58,  65(2),   115. 

Saluda  River,  upper,  or  Spartan, 
election  district  between  Broad 


River   and,   45-6,    160;    lower   elec- 
•   tion  district  between   Broad  River 

and,   160. 

Salvador.   Francis,   159. 
Sandy  Hook,  17. 
Savage,   Edward,   121. 
Savage,  Thomas,  72,  76,  87,  99,   129, 

154- 

Savannah,  59(2),  70(2),  115. 

Savannah  River,  47,  139,  142;  elec- 
tion district  between  the  north  fork 
of  Edisto  River  and  the,  45,  160. 

Saws,  67,  68. 

Saxe-Gotha,  election  district  of,  49, 
52,  120.  159(2)  ;  certificate  of  an 
election  in,  49-50. 

Schools,   46. 

Scott,  John,  113,   115. 

Scott,  Jonathan,  6,  16,  41,  113. 

Scott,  William,  6,   15,  33,  79,  81,  86, 

103-    157- 

Scott,  William,  Jr.,  44(2),  155(2)  ; 
petition  of  contesting  the  seat  of 
Levi  Durand,  6-7,  15-16,  41. 

Screven,    Benjamin,   47,    158. 

Screven,  Thomas,  4,   155. 

Second  Regiment,  100,  134. 

Secretary  of  State,  3,  156. 

Secretary  of  the  Provincial  Con- 
gress, 4. 

Seymour,  Stephen,  99. 

Shaw,  Charles,  34(3),  42(6),  55(3), 
56. 

Sheriff,   159. 

Ship-bread,  65,  67,  68. 

Shubrick,  Thomas,  72,  83,  no,  132, 
156. 

Silk,   126. 

Silver,   125. 

Simons,  Keating,  4,  II,  80(2), 
135(2),  156- 

Simons,  Maurice,  75(2).  87,  99,  101, 
102,  120.  137,  140,  141,  147,  155. 

Simpson,  James,  121. 

Sims,  James,   140. 

Singellton,   Benjamin,   156. 

Singleton,  Matthew,  40,  47,  119,  160. 

Sinkler,    Peter,    156. 

Sixth  Regiment,  121,  135,  139,  160. 


Skirving,  William,  6(2),  33,  104,  105, 

1 06,   157- 

Slann's  Bridge,  47. 
Slaves.  22,  41,  42,  48,  50,  55(2),  56, 

59,  60,  61,  74,  123. 
Small-pox,  11(2),  12,  35-36. 
Smith,   Benjamin,   156. 
Smith,  George,  80(2). 
Smith,  Josiah.  Jr.,  3,  4,  II,  36,  52,  70, 

72,  75,  154,  155(2). 
Smith,  Philip,  8,  n,  33,  157. 
Smith,  Rev.  Robert.  4.  155. 
Smith,  Roger,  11.  33,  36,  39,  72,  75,  85, 

108,  124,  142,  150,  151,  154. 
Smith,  Thomas,   140. 
South  Island,  147,  148. 
Spartan  election  district,  45.    ( 
Speaker,  157. 
Spragins,  Nathaniel,  123. 
St.  Andrew's  Parish,  4,  52,  99,  157. 
St.    Bartholomew's    Parish,    52,    122, 

157- 
St.  David's  Parish,  8,  n,  35.  40,  57, 

100,  loi.  105(2),  109.  in,  112,  159. 
St.    George's    Parish,    Dorchester,    4, 

156. 

St.  Helena's  Parish,  4,  52,  158. 
St.  James's   Parish,   Goose  Creek.  4. 

52,  99,  156. 
St.    James's     Parish,     Santee,    4(2), 

52(2),  75,  156. 

St.   John's    Parish,    Berkeley,   4.    155. 
St.  John's  Parish,  Colleton,   157. 
St.  Matthew's  Parish,  39,  159. 
St.  Michael's  Parish,  3,  52,  126,  154. 
St.  Paul's  Parish,  4,  157. 
St.  Peter's  Parish,  59,  158. 
St.   Philip's  Parish,  3,  51,  52,  62,  63, 

65,  72(2),  113,  126,  154. 
St.  Stephen's  Parish,  156. 
St.  Thomas  and  St.  Denis's  Parish, 

4-  50,   155- 

Staten  Island,  N.  Y.,  17. 
Staves,   21. 
Steel,  67,  68. 

Stobo,  Richard  Park,  4.  8,  33.  48,  157. 
Stone.  Benjamin,  33,  157. 
Strother,  William.  64,   160. 
Stuart,     John,     34(5),     41,     42(11), 


48(3) ,54,  55(n),56(8),  115. 
Stuart,  Mrs.  John,  115. 
Sugar,  116. 
Sullivan's  Island,  9.  13,  14,  90(3),  IOO, 

114,    139,    147,    148. 

Sumter,  Thomas,  4,  134,  135,  160(2). 
Swift  (sloop),  115. 
Taxes,  126(2),  128,  136. 
Taylor,  Thomas,  64,  160. 
Tea,    10,    21,    29-31,    33,    37,    46,    56, 

58,  62. 
Tennent,  Rev.  William,  7,  n,  39,  45, 

88,  89,  102,  103,  108,  109,  116,  151, 

160. 

Third  Regiment,  139,  152. 
Thomas,  John,  7,  77,  160;  letter  of  to 

President  Rutledge,  68(2). 
Thomas,  William,  122. 
Thompson,  John,  79,  82,  84(2),  106, 

no,  112. 
Thompson,    Richard,    79,    82,    84(2), 

106,  1 10,  112. 
Thomson,  Charles,   18(2),  21(2),  22, 

24,  25,  29(2).  97. 
Thomson,  William,  97. 
Thread,  115,  126. 
Timothy.    Peter,   3,  4,   5(2),    154(2), 

155(2)  ;    resignation    of    Clerkship 

of  General  Assembly  by,  4-5. 
Toomer,  Anthony,  85,  140,   154. 
Toomer,  Joshua,  4,  6(4),   15,  52,  77, 

133(2),  155(2). 
Townsend,  Paul,  58,  122,  154. 
Trade,  20,  21,  22,  23,  66,  67,  128,  145. 
Trapier,  Paul,  Jr.,  34,  41,  in,  135(3), 

158;     artillery     company     of,     124. 

(See  also  George  Town). 
Treason,  25. 
Treasury,   36,   38(2),   47,   58,   75.    77, 

85,  86(2),    113,   114,    115,    116,    118, 

124-130,  130,  152;  commissioners  to 

take    a    state    of,    38-39,     124-130; 

commissioners  of  the,  39,  43,  45(2), 

56,  72,  108,  113.   115,   122,  123,  129, 

130,  131(2),  143,  152(2).  156. 
Tucker,  Thomas,  41,  157. 
Tucker,  William,  120(2),  159(2). 
Tunno,  John,  121. 
Turner,  John,  160. 


174 


Turpin,  Joseph,  7,  37 ;  letter  of,  37-38. 

Turquand,   Rev.   Paul,    159. 

United  States,  17,  31,  35,  46,  48(2), 
52;  Treasury  of,  18;  Auditor  Gen- 
eral of,  1 8. 

Vander    Horst,    Arnoldus,    4,    7,    33, 

44,  155- 

Vauchier,  John,  petition  of,  58-59,  70. 
Verree,  Joseph,  52,  138,  154. 
Vice     President,     117,     118(2),     136, 

137(2),   154,   158. 
Vinyard,  John,  152(2). 
Virginia,  9,    13,    14,    17.  97,    114,   140, 

144(2). 

Waccamaw  Lake,  71. 
Wade,    Robert,    140. 
Wagon  tires,  66. 
Wagons,  147. 
Walter,  Richard,  156. 
Ward,  John,  122. 
Ward,  Joshua,  3,  4,  33(2),  39,  40(2), 

46(2),  47,  54(2) ,  76,  154,  155(2). 
Waring,  Benjamin,  4,  33,  50,  106(2), 

107,  156. 

Waring,  John,  4,  rr,  99,  156. 
Waring,   Richard,    156. 
Waring,    Thomas,    75,   80(2),   99(2), 

100(2),  107,  112,  120,  156. 
Washington,  Gen.  George,  17. 
Watch   companies,  85,    108,    109,   112, 

119-120,   126,  133,   135(2),  138,  140, 

141(4),  149(2). 
Wateree    River,    4;    election    district 

eastward  of,    160. 
Watson,  Samuel,  161. 
Wayne,  Richard,  123. 


Webb,  John,  3,  4,  36.  75,  154,  155(2). 

Webb,  William,  18. 

West  Florida,  86,  87. 

West  Indies,  86,  87,  143. 

Weyman,  Edward,  154. 

White,  Anthony,  33,  40,  41,  81,  158. 

Will,  Philip,  71-72,  115,  142. 

William  (brigantine),  113. 

Williams.   Britton,   123. 

Williams,  James,  160. 

Williams,    John,    33,    39,    47,    63,    68, 

119,  160. 
Williamson,  Andrew,  50(3),  142,  159; 

letter    of    to    President    Rutledge, 

68(2),   149(2)  ;  expedition  of,   115, 

124,  136,  150. 
Williamson,    William,    7,    70,    71,    73, 

99,  158. 

Willing,  Thomas,  18. 
Wilson.  James,    160. 
Wilson,  Russel,  123. 
Winn,  John,  160. 
Winyah  Bay,  100. 
Wise,  Samuel,  41,  122,  159. 
Withers,     John,     4(2).     ir,     33.     41, 

158(3). 

Wofford,   Benjamin,  46. 
Wofford,   William,    160. 
Woods,  Joseph,  161. 
Wool  cards,  67,  68. 
Wright,  John,   156. 
Wylly,  John,  123. 
Young,    Benjamin,    7,    11(2),   41,   48, 

58,  73,  87(2),  88,  122,  145(3),  158. 
Young,  John,  139. 
Zahn,  Jacob  Christopher,  123. 


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